In re Luedtke
Feb
28
2011
Ruling
Trustee awarded reasonable compensation where statutory maximum would have been excessive.
Procedural posture
A debtor-in-possession accumulated substantial funds from real estate sales prior to conversion of the debtor's case from chapter 11 to chapter 7 and appointment of a chapter 7 trustee. The trustee petitioned for compensation based on the statutory maximum percentage of the total distribution from the bankruptcy estate pursuant to 11 U.S.C.S. § 326(a).
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Court
:
- 11 U.S.C.
In re Rabideau
Jan
19
2011
Ruling
Claim based on a state court order that was a property settlement rather than a domestic support order was not entitled to priority status.
Procedural posture
Debtor filed a petition under Chapter 7 of the Bankruptcy Code, and obtained permission to convert her case to one under Chapter 13. The debtor's ex-husband filed a claim against the debtor's bankruptcy estate, and he filed an objection to a plan the debtor proposed for repaying her creditors because the plan treated his claim as a general unsecured claim. The debtor filed an objection to her ex-husband's claim.
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Court
:
- 11 U.S.C.
In re Walker
Oct
21
2010
Ruling
Debtor spouse allowed exemption in postconfirmation proceeds of previously undisclosed personal injury action.
Procedural posture
Chapter 13 debtors, a husband and wife, filed a motion to modify their confirmed amended chapter 13 plan pursuant to 11 U.S.C.S. § 1329, proposing to pay $12,013.93 to the chapter 13 Trustee out of the proceeds from the settlement of a personal injury suit, and claiming a $15,000 exemption in the settlement funds. The Trustee objected to the motion.
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Court
:
In re Hauter
Oct
18
2010
Ruling
Creditor whose collateral was stolen was not entitled to secured status.
Procedural posture
A creditor filed an objection to confirmation of a debtor's second amended Chapter 13 plan under 11 U.S.C.S. § 1325(a). The creditor asserted that it was entitled to be treated as a secured creditor pursuant to 11 U.S.C.S. § 506(a) and objected to its treatment in the plan as an unsecured creditor.
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Court
:
- 11 U.S.C.
In re Shreyas Hospitality LLC
Jul
15
2010
Ruling
Franchise allowed administrative expense claim for debtor's use of name, trademark and other benefits during pendency of chapter 11 case.
Procedural posture
Creditor, a franchisor of a hotel chain, filed an administrative expense claim under 11 U.S.C.S. § 503 seeking compensation for the debtor's use of its trade name, trademarks, service marks, national reservation system, and other benefits provided through its franchise system during the pendency of the case under chapter 11. The case was later converted to chapter 7.
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Court
:
- 11 U.S.C.
In re Brooks
May
24
2010
Ruling
Application for compensation of paraprofessional and debtor's attorneys' fees beyond scope of original retainer denied.
Procedural posture
An attorney filed a second amended application for compensation pursuant to 11 U.S.C.S. § 330 seeking an award of legal fees and the reimbursement of costs advanced in a chapter 12 debtor's case.
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Court
:
- 11 U.S.C.
In re Browning
Apr
19
2010
Ruling
Debtor could claim full exemption in jointly owned vehicle.
Procedural posture
Before the court was the Trustee's Objection to debtors' Schedule C-- Property Claimed as Exempt. The Trustee asserted that an exemption claimed by one of the debtors in a vehicle that was jointly owned by both debtors had to be limited to the individual debtor's fractional interest in the vehicle.
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Court
:
- 11 U.S.C.
In re Gvazdinskas
Apr
08
2010
Ruling
Debtor in possession's attorneys' fees granted with reduction for services that were clerical in nature and for unspecified phone calls.
Procedural posture
Counsel for a bankruptcy debtor-in-possession applied for payment of counsel's fees and costs as compensation for services performed on behalf of the debtor and the estate pursuant to 11 U.S.C.S. § 330.
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Court
:
In re Gibson
Feb
26
2010
Ruling
Sanctions not warranted for filing judgment lien in violation of stay where lien was later released.
Procedural posture
After a debtor's bankruptcy case was dismissed, the debtor's attorney recorded a memorandum of judgment against the debtor in an amount indicated in an order granting the attorney's interim request for fees and costs. The debtor moved to avoid the judgment lien and requested sanctions against the attorney for violation of the automatic bankruptcy stay.
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Court
:
- FRBP
VanBebber v. Wilkerson (In re Wilkerson)
Feb
01
2010
Ruling
Creditors not entitled to fees in dischargeability proceeding.
Procedural posture
Plaintiff creditors filed a motion seeking an award of attorney's fees against defendant chapter 7 debtor following a finding in their favor as to the nondischargeability of a debt. The creditors also requested a finding that the attorney's fees were nondischargeable. The court treated the motion for attorney's fees as a motion to alter or amend a final order pursuant to Fed. R. Civ. P. 59(e), as made applicable by Fed. R. Bankr. P. 9023.
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Court
: