- 11 U.S.C.
Seaver v. New Buffalo Auto Sales (In re Hecker)
Aug
08
2013
Ruling
Holder of junior mortgages lacked standing to appeal finding of no stay violation by judgment creditors.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Satnam Lodging LLC
Jul
16
2013
Ruling
Debtor's former attorney ordered to disgorge additional, undisclosed fees in wake of prior order for disgorgement of disclosed fees.
Procedural posture
The court entered an order requiring chapter 11 debtor's former attorney to disgorge, within 14 days, the sum of $5,000, representing the amount of fees she had disclosed she had been paid at that point. Thereafter, the United States Trustee filed a subsequent motion to disgorge fees because the Trustee had learned that the attorney had received fees in addition to the $5,000 previously disclosed.
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Court
:
- 11 U.S.C.
US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)
Jun
17
2013
Ruling
Ordinary course of business defense failed due to failure of testimony to provide objective evidence of payment practices in honey brokerage industry.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendants creditor seeking to recover a portion of $412,240 in allegedly preferential transfers that the debtor made to the creditor in the 90 days before the debtor's bankruptcy petition date. The matter proceeded to trial on the creditor's former 11 U.S.C.S. § 547(c)(2) and (c)(4) defenses.
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Court
:
In re Russell
May
03
2013
Ruling
Objection to deficiency claim overruled where foreclosure sale price established amount of claim.
Procedural posture
A creditor filed a proof of claim based on a deficiency after a foreclosure sale of a bankruptcy debtor's condominium property. The debtor objected to the creditor's claim on the grounds that the property was uninhabitable based on noise problems which were not disclosed, and that the foreclosure sale price was inadequate.
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Court
:
- 11 U.S.C.
Smith v. Davenport (In re Davenport)
May
02
2013
Ruling
Debt was dischargeable as creditors could not prove damages resulted from debtor's fraud.
Procedural posture
The matter before the court for decision was the Complaint Objecting to Dischargeability of Debt Pursuant to 11 U.S.C.S. § 523 filed by plaintiffs, creditors (house purchasers), against defendants, debtors (sellers).
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Court
:
- 11 U.S.C.
Gargula v. Bisges (In re Clink)
Apr
23
2013
Ruling
Attorney sanctioned and ordered to disgorge fees due to failure to enter into written contract with debtor or conduct reasonable investigation.
Procedural posture
United States Trustee ("UST") filed a motion seeking an order which required respondent attorney to disgorge fees he received from a Chapter 7 debtor, imposed sanctions on the attorney based on alleged violations of 11 U.S.C.S. § 707(b)(4), referred the attorney to the U.S. District Court for the Western District of Missouri for disciplinary action. The court held a hearing on the UST's motion.
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Court
:
- 11 U.S.C.
In re Keifert
Mar
22
2013
Ruling
Debtor domiciled in filing state for 730 days prior to petition date could not claim out of state exemptions based on periodic military service.
Procedural posture
The chapter 7 trustee objected to exemptions claimed by debtors under California law because, he asserted, debtors were domiciled in Missouri for the relevant time period and had to claim Missouri exemptions under 11 U.S.C.S. § 522(b)(3)(A).
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Court
:
- 11 U.S.C.
Paul v. Allred (In re Paul)
Feb
28
2013
Ruling
Bankruptcy court properly denied homestead exemption where debtor had not resided in rented property for 14 years.
Procedural posture
Debtor sought review of an order of the United States Bankruptcy Court for the District of South Dakota, which granted summary judgment in favor of chapter 7 trustee on his objection to the debtor's claimed homestead exemption under S.D. Codified Laws § 43-45-3(2).
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US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)
Dec
19
2012
Ruling
Payments made within preference period enabling transferee to receive more than in a chapter 7 case could be avoided.
Procedural posture
The trustee of the creditor's trust moved for partial summary judgment in its adversary action to avoid and recover $412,240.00 in allegedly preferential transfers, under 11 U.S.C.S. § 547(b), made by the debtor to defendant transferee in the 90 days before the debtor's bankruptcy petition date.
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Court
:
- 11 U.S.C.
Velde v. Border State Bank (In re HovdeBray Enters.)
Dec
03
2012
Ruling
Liquidation sale proceeds properly avoided as preference as floating lien, ordinary course of business and new value defenses did not apply.
Procedural posture
Appellant bank challenged rulings of the U.S. Bankruptcy Court for the District of Minnesota denying summary judgment on appellee trustee's preference action per 11 U.S.C.S. § 547 on findings that its lien was perfected within the § 547 perfection period, that its § 547(c)(5) "floating lien" defense to a security interest perfected during the preference period lacked merit, and that the trustee, who had cross-appealed, was to recover $242,824.
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Court
:
Judge or Jurisdiction information not available