- 11 U.S.C.
In re Payton
Nov
05
2012
Ruling
Extension of stay granted in case filed within 180 days of prior voluntary dismissal, which was not requested following filing of motion for relief from stay.
Procedural posture
A chapter 13 debtor filed a motion for an extension of the automatic stay under 11 U.S.C.S. § 362(c)(3). The Chapter 13 trustee moved to dismiss, asserting that the debtor was ineligible for bankruptcy relief under 11 U.S.C.S. § 109(g)(2).
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Court
:
- 11 U.S.C.
In re Sparrer Sausage Co.
Oct
16
2012
Ruling
Debtor's counsel's fees allowed with reduction for insufficient descriptions of time entries and "lumping."
Procedural posture
Before the court was the application of debtor's counsel for allowance and payment of interim compensation and reimbursement of expenses.
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Court
:
- 11 U.S.C.
In re Canopy Fin. Inc.
Sep
05
2012
Ruling
Fee application of special counsel to trustee granted with reduction for "lumping" and general operating expenses.
Procedural posture
Movant law firm, special counsel to the chapter 7 trustee, applied for interim compensation and reimbursement of expenses. At issue was whether some expenses for which compensation was sought actually had been incurred, as required by 11 U.S.C.S. § 330 and 11 U.S.C.S. § 331, whether a 10% penalty for "lumping" was properly applied and whether other expenses were noncompensable on the basis that they were included in "overhead."
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Court
:
- 11 U.S.C.
In re Northwest Pediatric Servs.
Aug
23
2012
Ruling
Debtor's attorneys' fee application granted with slight reduction for work that could have been performed by less experienced professionals.
Procedural posture
Movant debtor sought the compensation of its counsel in the amount of $ 54,520.50 of attorney's fees and $ 2,458.11 in costs.
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Court
:
In re Ruhl
Jul
02
2012
Ruling
Debtor's entire tax refund was subject to turnover where non-debtor spouse was not employed.
Procedural posture
The chapter 7 trustee filed a motion to compel turnover of the debtor's income tax refund, pursuant to 11 U.S.C.S. § 542(a). Debtor asserted that half of the refund was property of his non-debtor wife, and that half was not of the bankruptcy estate, under 11 U.S.C.S. § 541(a).
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Court
:
- 11 U.S.C.
In re McEnery
Jun
19
2012
Ruling
Debtor's attorneys' interim compensation allowed subject to ten percent penalty for "lumping."
Procedural posture
Attorneys for a chapter 11 debtor sought allowance and payment of interim compensation and reimbursement of expenses.
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Court
:
- 11 U.S.C.
In re SK Hand Tool Corp.
Jan
04
2011
Ruling
Counsel to official committee of unsecured creditors allowed interim compensation in reduced amount.
Procedural posture
In a chapter 11 case, counsel to the official committee of unsecured creditors sought allowance and payment of second interim compensation and reimbursement of expenses.
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Court
:
- 11 U.S.C.
In re Panacea Partners LLC
Dec
29
2010
Ruling
Debtor's attorneys' fees allowed with reduction for insufficiently specific time entries.
Procedural posture
Chapter 7 debtor sought allowance and payment of final compensation, specifically, fees in the amount of $81,628 and reimbursement of expenses in the amount of $2,601.64.
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Court
:
- 11 U.S.C.
In re Davis
Dec
16
2010
Ruling
Debtor allowed to modify plan to reduce monthly payments and payment period due to changed circumstances.
Procedural posture
Chapter 13 debtor filed a motion to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329.
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Court
:
In re Williams
Aug
18
2010
Ruling
Chapter 13 debtor had right to voluntary dismissal of case despite trustee's motion to convert case to chapter 7 for bad faith.
Procedural posture
The chapter 13 trustee moved to convert the debtor's case pursuant to 11 U.S.C.S. § 1307(c), to one under chapter 7, asserting that the debtor acted in bad faith by failing to disclose information about one of her assets, a medical malpractice claim. In response, the debtor moved to have her case dismissed as a matter of right, under 11 U.S.C.S. § 1307(b).
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Court
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