Barsness v. Wishire Credit Corp. (In re Barsness)
Dec
19
2008
Ruling
Adversary proceeding to stop foreclosure dismissed upon closing of debtor's no-asset case.
Procedural posture
Defendant lender foreclosed upon its mortgage several months before plaintiff debtor, acting pro se, filed a chapter 7 petition. Debtor filed a document seeking injunctive relief to stop the foreclosure action. The document was treated as a complaint to commence an adversary proceeding. The bankruptcy trustee filed a no-asset case notice. Debtor received a discharge. The case was closed. Debtor sought to dismiss the adversary proceeding.
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Court
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In re Pilarski
Nov
14
2007
Ruling
Debtor could claim full amount of debt payments on house that was intended for surrender.
Procedural posture
A debtor filed a voluntary petition under chapter 7, and indicated that her monthly expenses exceeded her monthly income by $474. Movant United States Trustee ("UST") filed a motion to dismiss the case, pursuant to 11 U.S.C. § 707(b)(2) and (3), arguing that the debtor was not entitled to claim monthly payments on a house she planned to surrender.
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Court
:
- 11 U.S.C.
Seaver v. Markey (In re Markey)
Oct
29
2007
Ruling
Discharge revoked due to debtor's failure to disclose intent to mortgage exempt homestead and spending tax refunds that were property of the estate.
Procedural posture
Plaintiff chapter 7 trustee sought a revocation of defendant chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(d)(2) and objected to the debtor's amended claim of exemptions.
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Court
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In re Robertson
Jul
03
2007
Ruling
Trustee barred from seeking presumption of abuse dismissal for failure to file required statement within ten days of creditors'meeting.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b).
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Court
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In re Vian
Jun
01
2007
Ruling
Debtor not entitled to extension of time to obtain credit counseling due to failure to sign application or specify sufficient grounds.
Procedural posture
A debtor filed a bankruptcy petition and applied for an extension of time to obtain credit counseling services under 11 U.S.C. § 109(h) based on exigent circumstances involving harassment by creditors.
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Court
:
- 11 U.S.C.
In re Rendler
May
01
2007
Ruling
Incarcerated debtor prevented from obtaining credit counseling by prison officials denied exemption or extension due to failure to file required certificate.
Procedural posture
In his chapter 7 bankruptcy case, the debtor sought an exemption from the requirement of receiving credit counseling services, asserting that his circumstances were exigent under 11 U.S.C. § 109(h)(3)(A)(i).
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Court
:
- 11 U.S.C.
In re Heather Apts. Ltd. Pship
Mar
28
2007
Ruling
Extension of stay to allow debtor additional time to make mortgage payments denied.
Procedural posture
Debtor, a Minnesota limited partnership, filed a voluntary petition under chapter 11. Less than 90 days after it filed its petition, the debtor filed a motion under 11 U.S.C. § 362(d)(3), seeking additional time to begin paying a mortgagee.
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Court
:
- 11 U.S.C.
Mesaba Aviation Inc. v. Aircraft Mech. Fraternal Assn (In re Mesaba Aviation Inc.)
Oct
23
2006
Ruling
Injunction issued to prevent strike against debtor airline by unions after rejection of collecitve bargaining agreement.
Procedural posture
Chapter 11 debtor in possession filed a motion under Fed. R. Civ. P. 65(a), as incorporated by Fed. R. Bankr. P. 7065, for a preliminary injunction, seeking an injunction against its unions' exercise of self-help, i.e., striking, in the wake of debtor's court-authorized rejection of its collective bargaining agreements pursuant to 11 U.S.C. § 1113 and debtor's subsequent imposition of modified terms of employment.
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Court
:
- 11 U.S.C.
In re Mesaba Aviation Inc.
May
18
2006
Ruling
Debtor was denied motion to reject collective bargaining agreements despite compliance with most of section 1113 requirements since debtor had not provided union with software model for making its projections.
Procedural posture
A bankruptcy debtor, a regional airline whose only customer was a network carrier which was also in bankruptcy, proposed to modify collective bargaining agreements with unions representing the debtor's employees to reduce the debtor's labor costs in reorganization. After the unions rejected the debtor's proposal, the debtor moved for authority to reject the collective bargaining agreements pursuant to 11 U.S.C. § 1113.
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Court
:
- 11 U.S.C.
In re Kurtzahn
Jan
31
2006
Ruling
Debtor was denied an extension of an automatic stay since the debtor could not prove the second filing's plan was feasible and the filing was not made in bad faith.
Procedural posture
The debtor filed a motion under 11 U.S.C. § 362(c)(3)(B) — one of the provisions added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8 — to extend the automatic stay beyond the 30-day limit.
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Court
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