- 11 U.S.C.
In re Lorenca
Jan
29
2010
Ruling
Chapter 13 case ordered converted to chapter 7 or dismissed due to excessive real property expenses.
Procedural posture
Bankruptcy debtors owned a residence and a rental property which was the debtors' former residence, and which the debtors were unable to sell when they moved to their current residence. The U.S. Trustee moved for conversion or dismissal of the debtors' case under 11 U.S.C.S. § 707(b)(3) on the ground that the debtors' expenses for the properties were excessive.
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Court
:
- FRBP
In re 2715 N. Milwaukee LLC
Jan
29
2010
Ruling
Bar date order that was never entered on the court docket never became effective.
Procedural posture
Two creditors filed motions for orders deeming their claims against a chapter 11 debtor timely even though they filed those claims after the passing of the bar date. Two other creditors had objected to those claims as barred.
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Court
:
In re Meyer
Jan
29
2010
Ruling
Third party lien for which there was no equity in subject property could be treated as unsecured.
Procedural posture
Two creditors, who held a junior mortgage in the chapter 13 debtors' residence, filed an objection to the debtors' plan. The plan treated the creditors' claim as wholly unsecured and provided that it would be paid as a general unsecured claim.
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Court
:
- 11 U.S.C.
In re Bolianz
Jan
08
2010
Ruling
Motion to approve reaffirmation agreement was moot where presumption of undue hardship had expired.
Procedural posture
The debtor sought to reaffirm his debt to the creditor, but not to the financial services company. The court noted that it had no jurisdiction to decide the issue of whether the debtor's allegedly fraudulent and wrongful conduct warranted disapproval of the agreement. Nor were those issues justiciable through an objection to a motion for approval of a reaffirmation agreement. The court held that the reaffirmation agreement was not untimely filed under Fed. R. Bankr. P. 4008(a) because it was an amendment of an earlier, timely filed agreement. The reaffirmation agreement was not improper because it was filed by a creditor, as Rule 4008 did not specify what party could or could not file the agreement. However, the court held that the motion to approve the reaffirmation agreement was moot because the presumption of undue hardship under 11 U.S.C.S. § 524(m)(1) made court approval of the agreement mandatory, but the presumption had expired at the time the motion was filed. Under § 524(m)(1), the presumption arose for only 60 days after the agreement was filed and had to be extended by court order before the expiration of the 60-day period.
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Court
:
Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)
Dec
17
2009
Ruling
Debtor in possession's counsel disqualified due to actual conflict of interest.
Procedural posture
Plaintiff bankruptcy debtors, a contractor and its sole corporate shareholder, brought an adversary proceeding against defendant subcontractor in a dispute concerning funds from a construction project. The subcontractor moved to disqualify the debtor's counsel and to appoint a chapter 11 trustee, and the shareholder moved for voluntary dismissal without prejudice of its claim to ownership of a project account.
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Court
:
- FRBP
Raymond Profl Group v. William A. Pope Co. (In re Raymond Profl Group Inc.)
Nov
25
2009
Ruling
Denied motion to disqualify counsel was not grounds for sanctions where there was some basis for challenging the representation.
Procedural posture
Plaintiff bankruptcy debtors, a construction contractor and its owner, brought an adversary proceeding against defendant subcontractor concerning a disputed account relating to a construction project. The subcontractor's motion to disqualify the debtors' counsel was denied, the debtors moved for sanctions against the subcontractor, and the subcontractor moved to compel the debtors to pay the deposition fees of the subcontractor's experts.
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Court
:
- FRBP
In re Forrest
Sep
16
2009
Ruling
Chapter 13 debtor could not strip off a junior mortgage without bringing an adversary proceeding.
Procedural posture
Before the court for confirmation was debtor's modified chapter 13 plan and a creditor's objection thereto.
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Court
:
- FRBP
Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)
Sep
15
2009
Ruling
Debtor's motion to alter or amend judgment in adversary proceeding denied.
Procedural posture
The court entered a judgment in an adversary proceeding holding that defendant contractor was entitled to all funds in a disputed account, and against the claims of the bankruptcy estates of plaintiff debtors. The debtors filed a timely motion under Fed. R. Civ. P. 59 and 60, made applicable to bankruptcy by Fed. R. Bankr. P. 9023 and 9024 to alter or amend the judgment or for relief from judgment.
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Court
:
- 11 U.S.C.
In re Dunford
Jul
21
2009
Ruling
Chapter 13 debtor granted extension of time to file forms and schedules.
Procedural posture
Debtor, an individual who became unemployed one month before filing chapter 13, moved per 11 U.S.C.S. § 101(10A)(ii) and 11 U.S.C.S. § 521(a)(1)(B)(ii) for orders waiving the requirement that she file Schedule I within the statutorily-mandated time period, delaying the deadline for filing of Official Bankr. Form 22C, and setting an alternative date for a determination of her current monthly income (CMI). The chapter 13 trustee sought dismissal.
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Court
:
- 11 U.S.C.
Hayes v. Dangerfield (In re Dangerfield)
Jun
30
2009
Ruling
Debt relating to misrepresentations by debtor's colleagues to induce third party to incur mortgage to fund ill-advised real estate transactions was nondischargeable.
Procedural posture
Plaintiff investor moved for a default judgment against defendant debtor on an adversary complaint seeking an order of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2)(A) in connection with a purported real estate investment by reason of which plaintiff had become obligated on various debts and had incurred other injuries in the form of attorneys fees and other expenses.
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Court
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