- 11 U.S.C.
Bertrand v. Countrywide Home Loans Inc. (In re Bertrand)
Apr
29
2010
Ruling
Plan confirmation granted but denied with respect to mortgagee due to lack of feasibility.
Procedural posture
In plaintiff chapter 13 debtors' adversary proceeding against defendant mortgagee for an order cramming down their chapter 13 plan to allow non-debtor third parties to live in the mortgaged real estate and valuing defendant's secured claim at $512,638, plaintiffs filed various motions including motions for judgment on the pleadings, to strike answer, to disallow defenses, to enter a default, and for sanctions.
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Court
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- 11 U.S.C.
Braden Trust v. Chavez (In re Chavez)
Feb
23
2010
Ruling
Employee's misappropriation did not give rise to nondischargeable claim for breach of fiduciary duty.
Procedural posture
Plaintiff creditors commenced this non-dischargeability action against defendant debtors, alleging a single cause of action, that of breach of fiduciary duty--specifically a defalcation or misappropriation of property--which was actionable under a bankruptcy statute, 11 U.S.C.S. § 523(a)(4). Before the court was debtors' motion for summary judgment as well as the creditors' motion for summary judgment.
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Court
:
- 11 U.S.C.
In re AVC Villa del Lago at Ocotillo DevCo LLC
Jan
06
2010
Ruling
Debtor's counsel not allowed additional fees beyond retainer where case was overworked.
Procedural posture
In this chapter 11 case, the debtor's counsel sought an award of $ 159,383 in fees and costs under 11 U.S.C.S. § 330. A creditor objected and argued that the debtor's counsel should be awarded absolutely nothing for fees.
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Cochise Agri. Props. LLC v. Ratliff Farms LLC (In re Ratliff)
Dec
07
2009
Ruling
Debtor's misappropriation of funds from LLC resulted in nondischargeable debt.
Procedural posture
Creditors brought an adversary proceeding against defendant bankruptcy debtors seeking a declaration of the interests of the creditors and the debtors in a limited liability company (LLC), and seeking a determination that a debt to the creditors arising from the debtors' operation of the LLC was nondischargeable under 11 U.S.C.S. § 523(a) based on fiduciary defalcation and willful and malicious injury.
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In re AVC Villa Del Lago at Ocotillo Devco LLC
Oct
27
2009
Ruling
Creditors, plaintiffs in state court case against debtor, who had sufficient notice were bound by terms of confirmed plan.
Procedural posture
Two moving creditors filed a motion to alter or amend the order of confirmation entered, pursuant to 11 U.S.C.S. § 1121(c), in one of several companion cases, asserting that they should not be bound by the terms of the plan, which included the settlement and dismissal of litigation against the debtor.
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Court
:
- 11 U.S.C.
In re DSBC Invs. LLC
Sep
11
2009
Ruling
Creditor that received full payment pursuant to chapter 11 plan was not entitled to default rate of interest.
Procedural posture
In this chapter 11 case, an oversecured creditor whose debt had been fully paid pursuant to a confirmed plan, sought prepetition and postpetition late charges and default interest. The creditor also sought attorneys' fees under 11 U.S.C.S. § 506(b).
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Court
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In re Kile
Jun
11
2009
Ruling
Trustee allowed maximum fee for non-routine work in case that lasted several years.
Procedural posture
A chapter 7 bankruptcy trustee filed a notice of proposed distribution and an application for compensation. The trustee requested the maximum allowable fee under 11 U.S.C.S. § 326(a), in the sum of $ 13,740.66, and reimbursement of $ 240.64 in costs. In response, the debtor filed objections to the trustee's request for compensation and for distribution. The trustee replied. A hearing was held on the matters.
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Court
:
- 11 U.S.C.
In re Sherman
Jun
09
2009
Ruling
Chapter 13 case devoted to restructuring debt to former spouse and four divorce attorneys dismissed for bad faith where parties' interest in real property was not yet settled.
Procedural posture
A debtor's entire chapter 13 case was devoted to restructuring payout to the debtor's former wife and four divorce attorneys. Counsel for the former wife urged the court, if it denied confirmation, to either dismiss the case or lift the automatic stay.
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Court
:
- 11 U.S.C.
In re Tempe Land Co. LLC
May
01
2009
Ruling
Debtor-in-possession financing denied due to insufficient protections for existing lienholders.
Procedural posture
A bankruptcy debtor-in-possession sought to borrow money and grant a lien to the new lender which would be senior in priority to existing lienholders. The debtor moved to borrow the money on a priming basis pursuant to 11 U.S.C.S. § 364.
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Court
:
- 11 U.S.C.
In re First Magnus Fin. Corp.
Feb
25
2009
Ruling
County that did not receive notice of bankruptcy could file late proof of claim based on personal property tax lien.
Procedural posture
Before the court was the contested Motion for Late Filing and Allowance of Proof of Claim and Notice of Tax Lien on behalf of Travis County, Texas, and other taxing authorities in Travis County. The County contended that it was a secured creditor, by virtue of a statutory lien for unpaid 2007 personal property taxes in the amount of $ 14,388, and was an 11 U.S.C.S. § 507(a)(8) priority creditor for any unsecured amount of such claim.
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Court
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