- 11 U.S.C.
In re Player Wire Wheels Ltd.
Dec
30
2009
Ruling
Former spouse of original member of debtor LLC who did not hold equity could not object to confirmation.
Procedural posture
Objector, the former wife of the deceased sole original member of the debtor, an Ohio limited liability company (LLC), filed an objection to confirmation of the debtor's first amended chapter 11 plan of liquidation, asserting that the plan was not submitted in good faith and that her impaired class did not consent to the plan, under 11 U.S.C.S. § 1129(a)(3) and (7).
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Court
:
- FRBP
In re Bailey
Dec
10
2009
Ruling
Trustee's motion to settle wrongful termination action against state department of transportation granted.
Procedural posture
A chapter 7 trustee filed a motion for authority to settle a controversy pursuant to Fed. R. Bankr. P. 9019(a). The debtors filed an objection to the motion to settle.
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Court
:
- FRBP
Greaves v. Office of the Del. Atty. Gen. (In re Two Springs Membership Club)
May
05
2009
Ruling
Government not entitled to enforce tax liens against corporations it had not proven were alter egos of debtor.
Procedural posture
The United States (Government) filed a motion under Fed. R. Bankr. P. 9023, seeking an order altering or amending a judgment the bankruptcy court entered on April 17, 2009, which found, inter alia, that the Government was not entitled to payment of tax liens it filed against several corporations from proceeds a chapter 7 bankruptcy trustee derived when she sold a campground that was owned by a corporate debtor.
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Court
:
- 11 U.S.C.
Greaves v. Office of the Del. Atty. Gen. (In re Two Springs Membership Club)
Apr
09
2009
Ruling
Government could recover priority tax lien claim against corporation IRS proved was the alter ego of debtor.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, the United States (Government), a judgment creditor, and others, seeking a determination of the validity, priority, and extent of liens that were filed against property owned by debtor, a Delaware corporation. The trustee settled claims filed by all defendants except the Government and the judgment creditor, and those claims were tried to the court.
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Court
:
In re Player Wire Wheels Ltd.
Apr
09
2009
Ruling
Motion to dismiss by former spouse of deceased sole member of debtor LLC denied as spouse was not sole person with authority to file and did not hold membership rights.
Procedural posture
Movant, the divorced former spouse of the recently deceased sole member of the debtor, an Ohio limited liability company, moved to dismiss the petition filed by an executor of the sole member under 11 U.S.C.S. § 1112(b), asserting that she was the person with all membership rights and the only person with authority to file a bankruptcy petition for the debtor.
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Court
:
- 11 U.S.C.
Motichko v. Premium Asset Recovery Corp. (In re Motichko)
Jun
27
2008
Ruling
Debtors' request for damages in addition to sanctions for violations of discharge injunction did not create impremissible private action.
Procedural posture
Chapter 7 debtors filed an adversary proceeding against defendant debt collection corporation, claiming that the corporation violated the discharge injunction contained in 11 U.S.C.S. § 524. The corporation filed a motion to dismiss.
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Court
:
- 11 U.S.C.
In re Hoelzel
Sep
27
2007
Ruling
Chapter 7 case ordered converted to chapter 13 or converted on grounds of abuse where debtors spent tax refund on personal items and sought to maintain expensive home at expense of unsecured creditors.
Procedural posture
United States Trustee filed a motion to dismiss a chapter 7 debtors' case pursuant to 11 U.S.C. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Vaccariello
Aug
22
2007
Ruling
Nondischargeable student loans did not create "special circumstances" that would rebut presumption of abuse.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2) based on the presumption of abuse of the provisions of chapter 7. In what was a matter of first impression for the court, the primary issue was whether the debtors'student loans constituted "special circumstances" to overcome the presumption of abuse in the means test.
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Court
:
- 11 U.S.C.
In re Zak
Jan
12
2007
Ruling
No presumption of abuse existed where debtor's deductions were properly claimed and disposable income was a negative figure.
Procedural posture
A United States Trustee asserted that bankruptcy debtors, in calculating their monthly disposable income, improperly claimed deductions for mortgage debt secured by realty upon which a mortgagee previously foreclosed, and for ownership/lease expenses for vehicles which the debtors owned free and clear. The trustee moved to dismiss the case based on a presumption of abuse under 11 U.S.C. § 707(b)(2)(a)(i).
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Court
:
- 11 U.S.C.
In re Vagi
Sep
26
2006
Ruling
Section 1325(a)(9) hanging paragraph applied to property purchased by debtor for use of co- debtor wife.
Procedural posture
After the debtors filed a joint chapter 13 petition, a creditor filed a proof of claim secured by a minivan. The debtors objected to the claim, contending that the secured claim should have been reduced and that the balance of the claim should have been treated as a general unsecured claim, pursuant to the cram down provisions of 11 U.S.C. § 506. The court held an evidentiary hearing.
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Court
: