- 28 U.S.C.
Cargill Inc. v. Man Fin. Inc. (In re Refco Inc.)
Oct
19
2006
Ruling
Sale of debtor's business and assignment of agreement were core proceedings.
Procedural posture
Defendant business purchaser appealed an order of the Bankruptcy Court for the District of Minnesota, which remanded plaintiff asset seller's removed action regarding an exclusive service contract between the seller and debtor to the state court.
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In re Riggs
Oct
12
2006
Ruling
Court refused to approve reaffirmation agreement that would place undue hardship on debtor.
Procedural posture
Debtor filed a statement of intention with her petition, stating she intended to reaffirm the debt to creditor car dealership. She then signed and filed a reaffirmation agreement pursuant to 11 U.S.C. § 524(c) for a debt with an annual percentage rate of 18.9 percent and requested that the court approve the agreement.
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Court
:
In re Osborn
Aug
22
2006
Ruling
Creditor qualifying under hanging paragraph of section 1325(a) had secured claim for full amount due as of petition date.
Procedural posture
Chapter 13 debtors objected to the unsecured proof of claim filed by a creditor. The creditor objected to confirmation of the debtors'proposed chapter 13 Plan, which proposed to surrender the vehicle securing the creditor's claim in full satisfaction of such claim.
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Court
:
- 11 U.S.C.
Lange v. Schropp (In re Brook Valley IV J.V.)
Aug
15
2006
Ruling
Principals of debtor who formed new entities which purchased debtor's properties at foreclosure sale without disclosure to court ordered to turn over excess proceeds and profits.
Procedural posture
Appellee bankruptcy trustee brought an adversary proceeding against appellants, the principals of bankruptcy debtor partnerships, alleging that the principals breached fiduciary duties by secretly purchasing real properties of the debtor for their own benefit. The principals appealed the judgment in favor of the trustee entered in the Bankruptcy Court for the District of Nebraska.
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In re Gress
Jun
14
2006
Ruling
Trustee's motion to deny confirmation was sustained since plan neither outlined that all projected disposable income be paid for five years to unsecured creditors nor provided that all unsecured claims be paid.
Procedural posture
A chapter 13 trustee sought to deny confirmation pursuant to 11 U.S.C. § 1325(b) of a second amended plan proposed by the debtors.
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Court
:
In re McGuire
Jun
01
2006
Ruling
Chapter 13 plan was denied confirmation since it proposed repayment period for under 60 months and claimed vehicle ownership expense deduction on vehicle owned free and clear of liens.
Procedural posture
Chapter 13 trustee filed a motion to deny confirmation of debtors'chapter 13 plan, on the grounds that the plan was in violation of 11 U.S.C. § 1325(b).
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Court
:
- 11 U.S.C.
Moon v. Bauer (In re Bauer)
Jun
01
2006
Ruling
Court denied personal representative of debtor's estate motion for abstention under section 305 regarding now deceased debtor's life insurance policy proceeds.
Procedural posture
A chapter 7 trustee filed an adversary action against defendant personal representative of debtors'estates seeking turnover of the debtors'life insurance policies proceeds and certain other items pursuant to 11 U.S.C. § 541(a)(5). The representative filed a motion requesting that the proceedings be suspended under 11 U.S.C. § 305 to permit him to administer all of the assets and claims in the probate estates. The trustee opposed the motion.
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Court
:
- FRBP
Tina Livestock Sales Inc. v. Schachtele (In re Schachtele)
May
11
2006
Ruling
Debtors were awarded fees and costs in having to defend against creditor's frivolous appeals of an untimely filed proof of claim.
Procedural posture
Objector-creditor appealed from an order of the Bankruptcy Court for the Eastern District of Missouri, that granted debtors'motions to amend their chapter 13 plan. After oral argument, the objector filed a dismissal of the appeals, and requested that the court deny as withdrawn or moot all actions pending on appeal. Debtors sought sanctions in the form of attorney's fees incurred pursuant to Fed. R. Bankr. P. 8020.
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In re Hicks
May
09
2006
Ruling
Debtors were not entitled to claim exemption in equity in vehicle recovered by trustee from lien avoided by trustee except for amount vehicle was worth above lien amount.
Procedural posture
A chapter 7 trustee objected to debtors'claimed exemptions in a car on the ground that any equity in the car resulted from his powers under 11 U.S.C. § 544 and therefore, debtors could not claim an exemption pursuant to 11 U.S.C. § 522(g).
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Court
:
Hedquist v. Fokkena (In re Hedquist)
Apr
21
2006
Ruling
Court rejected equal protection argument of pro se debtor in dismissing debtor's case for failing to comply with section 109(h) credit counseling requirement.
Procedural posture
Appellant, a pro se debtor, challenged a decision of the Bankruptcy Court for the District of Minnesota that held debtor and his wife were ineligible to file their chapter 11 bankruptcy case for failing to comply with the credit counseling requirements of 11 U.S.C. § 109(h), dismissed their case.
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