- 11 U.S.C.
Hathorn v. Petty (In re Petty)
May
08
2013
Ruling
Nondischargeability proceeding should not have been dismissed where creditor had insufficient notice to timely file complaint.
Procedural posture
Creditors sought review of an order from the United States Bankruptcy Court for the Western District of Arkansas, which granted appellee Chapter 7 debtor's motion to dismiss their complaint seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(3)(B) and (a)(6) as untimely under Fed. R. Bankr. P. 4007(c).
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Court
:
Judge or Jurisdiction information not available
In re Pialet
May
06
2013
Ruling
Debtors could not reopen case to administer default judgment of which they had been unaware and had not originally scheduled.
Procedural posture
Bankruptcy debtors asserted that, before their bankruptcy case was closed, they were unaware of a default judgment and did not list the judgment or the judgment creditor in their schedules, and the creditor similarly asserted that it was unaware of the debtors' bankruptcy. The debtors moved to reopen their case to add the creditor and obtain a discharge of the judgment debt.
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Court
:
- 11 U.S.C.
Aumiller v. GMAC Mortg. LLC (In re Aumiller)
Mar
26
2013
Ruling
Wholly unsecured second lien could be stripped off and avoided upon successful completion of plan.
Procedural posture
Chapter 13 debtors filed a complaint against creditor to avoid the creditor's junior lien on their real property. The debtors moved for summary judgment.
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Court
:
- 11 U.S.C.
Hatfield v. CitiFinancial Inc. (In re Hatfield)
Jan
28
2013
Ruling
Wholly unsecured junior lien could be "stripped off" upon completion of chapter 13 plan.
Procedural posture
A chapter 13 debtor moved for summary judgment on an adversary complaint that sought an order allowing her to avoid a junior lien on debtor's residential real property on the basis that the lien was wholly unsecured and thus was properly "stripped off" under 11 U.S.C.S. § 1322(b)(2) and 11 U.S.C.S. § 506(a). Lienholder did not appear in opposition to the motion.
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Court
:
- 11 U.S.C.
In re Reinsch
Jan
23
2013
Ruling
Plan confirmed over former spouse's objection as means test properly excluded child support income reasonably necessary to be expended.
Procedural posture
Debtor submitted an amended chapter 13 plan for confirmation. Creditor, the debtor's former husband, filed and an objection to the plan, under 11 U.S.C.S. § 1325.
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Court
:
- FRBP
In re Julien
Dec
19
2012
Ruling
Discretionary stay on execution of judgment in favor of attorneys for official committee of unsecured creditors granted.
Procedural posture
A status hearing was held to determine whether a firm, attorneys for the Official Committee of Unsecured Creditors, held a final money judgment upon which execution could be issued. The firm requested that a writ of execution be issued on its judgment. Debtor requested that the court exercise its discretion to issue a stay of execution until April 15, 2013.
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Court
:
- 11 U.S.C.
Shultz v. Shultz (In re Shultz)
Nov
21
2012
Ruling
Debt related to property settlement in divorce was dischargeable provided debtor completed plan payments.
Procedural posture
Debtor filed a motion for summary judgment in her action seeking a determination that her debt to defendant, her former husband, was dischargeable.
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Court
:
- 11 U.S.C.
In re Tiburon View Apts. LP
Oct
22
2012
Ruling
Equity holder not entitled to administrative expense claim for actions that resulted in sale of property, appointment of trustee and settlement with property manager.
Procedural posture
Equity holders (applicants) in two chapter 11 debtors filed amended applications for payment of administrative fees and expenses under 11 U.S.C.S. § 503(b)(3) or in the alternative, under Nebraska's common fund doctrine.
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Court
:
- 11 U.S.C.
In re Whitten
Oct
10
2012
Ruling
Chapter 12 plan confirmation denied based on over secured creditor's objection to 25-year repayment schedule.
Procedural posture
A chapter 12 trustee and a secured creditor filed objections to the confirmation of a debtor's plan under 11 U.S.C.S. § 1225(a)(5).
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Court
:
- 11 U.S.C.
In re Teirone Corp.
Oct
02
2012
Ruling
Order for relief from stay authorized insurer to make settlement payments on claims against D&O policy.
Procedural posture
Former directors and officers of a chapter 7 debtor (the movants) filed motions for orders confirming that a prior order granting relief from stay authorized an insurer to make settlement payments on covered claims filed by certain creditors. The chapter 7 trustee and the FDIC, as receiver for a bank, both resisted the motion.
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Court
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