In re Heaviside
Aug
30
2010
Ruling
Postpetition entry of prepetition arbitration award was not subject to stay.
Procedural posture
In a chapter 13 bankruptcy case, creditor made a motion for a determination that the automatic stay under 11 U.S.C.S. § 362(a) did not apply or, in the alternative , for relief from the automatic stay to obtain entry of an arbitration award and for relief from the automatic stay to enforce the injunction in the arbitration award. First debtor was a former employee of creditor.
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Court
:
Cruse v. Yates (In re Yates)
Apr
28
2010
Ruling
Chapter 7 debtor in case converted from chapter 12 denied discharge due to concealment or disposal of assets and destruction of records.
Procedural posture
Plaintiff, chapter 7 trustee, filed a complaint objecting to defendant debtor's discharge. The debtor, who had originally filed a petition under chapter 12, was alleged to have concealed or disposed of most of his assets, primarily cattle, and to have destroyed most of his records, and should be denied a discharge pursuant to 11 U.S.C.S. § 727(a)(2), (3), (4), (5) and (6).
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Court
:
- 11 U.S.C.
Greenwood v. Dickhaus (In re Dickhaus)
Mar
16
2010
Ruling
Debtor's legal malpractice liability was dischargeable as not due to willful or malicious acts.
Procedural posture
The matter before the court was plaintiff judgment creditors' (hereafter "creditors") Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C.S. § 523 against defendant debtor. Debtor counterclaimed for damages for violation of the automatic stay. The creditors moved to dismiss his counterclaim. A trial was held on the matter.
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Court
:
- 11 U.S.C.
In re Busby
Jan
15
2010
Ruling
Former spouse's claim against proceeds of sale from residence allowed in part as provided for in separation agreement.
Procedural posture
The creditor, the former wife of debtor husband, filed an unsecured claim in the amount of $ 7,823.70. The debtors filed an objection to the claim. The creditor and debtor husband had entered into a written property settlement in their separation agreement.
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Court
:
Lewis v. State St. Bank (In re Lewis)
Dec
14
2009
Ruling
Creditor's claim ruled unsecured where appraisal did not reflect deterioration of property.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant creditor which held a third deed of trust on the debtors' real property, seeking a determination that the creditor's claim was unsecured based on the value of the property and the amounts due on the first and second deeds of trust.
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Court
:
- 28 U.S.C.
Fortune Bank v. Stocker Constr. Co. (In re Stocker Constr. Co.)
Dec
11
2009
Ruling
Abstention denied where diversity jurisdiction existed and core matters were involved.
Procedural posture
Creditor filed a motion for mandatory abstention pursuant to 28 U.S.C.S. § 1334(c)(2) or in the alternative, permissive abstention pursuant to § 1334(c)(1). Respondent, another creditor, objected to the motion.
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Court
:
- 11 U.S.C.
Alliant Bank v. Baker (In re Baker)
Oct
19
2009
Ruling
False financial statement on which creditor did not rely in extending loan or refinance did not render debt nondischargeable.
Procedural posture
Plaintiff creditor filed a complaint objecting to discharge of defendant debtors' debt to the creditor under 11 U.S.C.S. § 523(a)(2)(B). The matter was pending decision following trial.
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Court
:
- 11 U.S.C.
In re President Casinos Inc.
Oct
14
2009
Ruling
Confirmation order not binding on creditor who did not receive proper notice of petition.
Procedural posture
The debtor, for itself and as trustee of a distribution trust, filed an objection to the claim brought by a claimant against the debtor and another debtor on the grounds that the claimant filed her claim in the wrong case and that the claim was barred because it was filed after the claims bar date and the administrative claims bar date.
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Court
:
Huling v. Business Bank of St. Louis (In re Huling)
Oct
08
2009
Ruling
Deed of trust recorded 33 days before petition date was an avoidable preferential transfer.
Procedural posture
Plaintiff chapter 11 debtors filed an adversary proceeding against defendant bank, seeking a determination that a deed of trust they gave the bank to secure a loan was avoidable under 11 U.S.C.S. § 547(b) as a preferential transfer. The debtors filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Dickey
Sep
16
2009
Ruling
Claim for previously waived legal fees allegedly modified by oral agreement disallowed on debtor's objection.
Procedural posture
Before the court was debtor's Amended Objection to Claim # 2 which objected to Amended Claim # 2 filed by a claimant in the amount of $ 10,670.
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Court
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