In re Patel
Aug
23
2012
Ruling
Case converted to chapter 7 due to diminution of estate, gross mismanagement and lack of rehabilitation potential.
Procedural posture
A corporation wholly owned by bankruptcy debtors owned and operated a convenience store which suffered declining revenues due to increased competition, and the debtors' expenses exceeded their income. A creditor moved pursuant to 11 U.S.C.S. § 1112(b) to convert the debtor's chapter 11 case to chapter 7 or to dismiss the case.
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Court
:
- 11 U.S.C.
In re Covel
Jul
03
2012
Ruling
Debtor could not be required to reaffirm secured debt despite statement of intent to do so.
Procedural posture
Debtor filed a petition under chapter 7, and a bank that held a secured interest in the debtor's home filed a motion for an order requiring the debtor to reaffirm a debt she owed on her home, redeem the property, or surrender the property. The court held a hearing on the bank's motion.
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Court
:
- 11 U.S.C.
Gomez v. Wells Fargo Bank (In re Gomez)
May
24
2012
Ruling
Reaffirmation agreement was valid despite failure to separate fees and costs or provide repayment schedule.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against creditor seeking a declaration that an agreement whereby the debtors reaffirmed their debt to the creditor secured by the debtors' home was null and void based on lack of compliance with the statutory requirements of 11 U.S.C.S. § 524.
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Court
:
Conine v. Foster (In re Foster)
Apr
20
2012
Ruling
Discharge denied due to debtor's failure to omissions from schedules.
Procedural posture
Judgment creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that a judgment she obtained in state court was nondischargeable under 11 U.S.C.S. § 523, a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(B), (a)(3), and (a)(4)(A) to have his debts discharged. The creditor withdrew her claim under § 523, and her claims under § 727 were tried to the court.
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Court
:
Caine v. First State Bank (In re Caine)
Dec
08
2011
Ruling
Debtors in possession could avoid defective lien as bona fide purchasers.
Procedural posture
Chapter 12 debtors in possession filed an adversary proceeding to set aside creditor bank's mortgage lien on real property pursuant to 11 U.S.C.S. § 544(a)(1), (3), because the legal description in the recorded mortgage was defective. The bank counterclaimed for reformation of the mortgage granted.
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Court
:
- 11 U.S.C.
In re Cameron
May
17
2011
Ruling
Claim under oral agreement disallowed as paid in full.
Procedural posture
The Chapter 13 debtors objected to a creditor's claim pursuant to 11 U.S.C.S. § 502(b)(1) on the grounds that it was based on an unenforceable agreement. The court examined Arkansas law to determine if there was an enforceable contract between the debtors and the creditor. Both parties sought attorneys' fees.
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Court
:
- FRBP
In re Caterbone
Apr
04
2011
Ruling
Circuit court lacked jurisdiction to hear appeal of district court dismissal of untimely appeal.
Procedural posture
Appellant debtor's Chapter 11 bankruptcy petition was dismissed. The debtor filed an untimely appeal. The appeal was docketed, and the U.S. District Court for the Eastern District of Pennsylvania dismissed the appeal for failing to comply with Fed. R. Bankr. P. 8002(a). The debtor appealed. The trustee moved to dismiss the appeal because the appeal from the bankruptcy court's order was untimely.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Williams v. Pillar Capitol Holdings LLC (In re Living Hope Southwest Med. Servs. LLC)
Mar
14
2011
Ruling
Transfers from debtor medical center to creditor LLC were avoidable as not made in the ordinary course of business.
Procedural posture
Citing 11 U.S.C.S. § 549, plaintiff trustee sought to avoid allegedly unauthorized post-petition transfers from debtor medical center to defendant LLC, a creditor of debtor, and to LLC's sole member. Issues included whether the transfers were extensions of credit in the ordinary course per 11 U.S.C.S. § 364 that were properly approved nunc pro tunc and whether, if the LLC was found to be liable, the sole member was had personal liability.
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Court
:
- 11 U.S.C.
In re Miller
Feb
14
2011
Ruling
Enforcement limitations period of health care creditor's lien, which was perfected prior to petition date, was tolled while debtor's case was pending.
Procedural posture
Debtor filed a petition under chapter 13, and a health center filed a claim in the amount of $610 against the debtor's bankruptcy estate. The debtor filed an objection to the claim, alleging that it was void because it was perfected in violation of the automatic stay.
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Court
:
- 11 U.S.C.
In re Giles
Jan
06
2011
Ruling
Use of portion of real property for family operated business did not invalidate debtors' homestead exemption.
Procedural posture
Bankruptcy debtors claimed a homestead exemption in real property upon which was located the debtors' residence and four rental storage units, and a creditor asserted that the portion of the property containing the storage units was used for business and thus abandoned as part of the homestead. The creditor objected to the debtor's claimed exemption in the entire property.
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Court
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