- 11 U.S.C.
In re Simons
Sep
21
2009
Ruling
Bankruptcy petition preparer ordered to disgorge fees due to self-reported failure to disclose information and for unauthorized practice of law.
Procedural posture
Movant U.S. Trustee (UST) filed a motion for an order directing examination of compensation which a chapter 7 debtor paid to a bankruptcy petition preparer. The court granted the motion and held a hearing to examine fees the debtor paid to the preparer and whether services the preparer provided were allowed by law.
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Court
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In re Miell
Jul
27
2009
Ruling
Debtor's attorneys were not entitled to compensation from the estate.
Procedural posture
A debtor filed for relief under chapter 11 of the United States Bankruptcy Code. The debtor filed a motion for authority to employ various attorneys in the proceedings. A trustee and a creditor objected to the motion.
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Court
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Fokkena v. Chapman (In re Chapman)
Jul
09
2009
Ruling
Debtor's omissions from schedules, subsequently amended, were not grounds for denial of discharge absent showing of fraud.
Procedural posture
Plaintiff United States trustee filed an action against defendant, a chapter 7 debtor, objecting to a discharge for the debtor, under 11 U.S.C.S. § 727(a)(2) and (4), because of alleged false oath and concealment of assets.
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Court
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In re Fitzgerald
Jun
23
2009
Ruling
Creditor sanctioned for repossessing and refusing to return debtor's vehicle in violation of stay.
Procedural posture
Debtors filed a chapter 7 bankruptcy petition. Under 11 U.S.C.S. § 362, debtors moved to hold creditor auto company in contempt for violation of the automatic stay based upon the repossession of a vehicle.
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Court
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- 11 U.S.C.
In re Kruse
Jun
11
2009
Ruling
Confirmation denied due to improper separate classification of student loan debt.
Procedural posture
The chapter 13 trustee objected to confirmation of debtor's proposed chapter 13 plan. Objections related to debtor's proposed inclusion of 2008 tax refunds in her monthly income and debtor's separate classification of her student loan claim and provision for direct payment of $250 per month on that loan. However, no creditors filed objections.
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Court
:
- 11 U.S.C.
Schnittjer v. Burke Constr. Co. (In re Drahn)
Apr
29
2009
Ruling
Trustee's motion for turnover of proceeds of postpetition transfer of mobile home was subject to creditor's security interest.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff, a chapter 7 trustee, filed an action against defendant company to avoid a postpetition transfer, for turn over, and for other relief, pursuant to 11 U.S.C.S. §§ 549 and 550.
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Court
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In re Duffy
Mar
31
2009
Ruling
Additional attorneys' fees approved after analysis under lodestar method.
Procedural posture
An attorney who represented debtors throughout their chapter 13 case requested additional compensation for services rendered, and the trustee filed an objection.
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Court
:
- 11 U.S.C.
Mitchell v. Bigelow (In re Mitchell)
Mar
30
2009
Ruling
Court refused to reopen case to allow late claim reasonably omitted by debtor where creditor had sufficient notice.
Procedural posture
Plaintiff creditor sought to reopen defendant debtor's chapter 7 case following discharge, alleging that he had a claim against the debtor and that pursuant to 11 U.S.C.S. § 523(a)(3), that claim was excepted from discharge because he was a known creditor and the debtor failed to provide adequate notice.
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Court
:
- 11 U.S.C.
Kwik-Way Prods. Inc.
Mar
23
2009
Ruling
Debtor's objection to landlord's administrative expense claim overruled as inconsistent with confirmed chapter 11 plan.
Procedural posture
Debtor's landlord asserted an administrative claim for postpetition rent. Debtor objected.
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Court
:
- 11 U.S.C.
Lamb v. Kirk (In re Kirk)
Mar
13
2009
Ruling
Debtor's failure to provide workers' compensation coverage to school-to-work intern did not result in nondischargeable debt.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6) because the debtor failed to provide worker's compensation insurance as required by Iowa law and such failure was willful and malicious. The creditor had started an internship at the debtor's business as part of a school-to-work program through his high school.
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Court
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