- 11 U.S.C.
Diamond v. Gemmel Pharmacy Group Inc. (In re Inland Global Med. Group)
Apr
04
2006
Ruling
Portion of transfers were deemed preferential while portion fell under new value defense.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant creditor, seeking to avoid certain alleged preferential transfers pursuant to 11 U.S.C. § 547(b). The creditor asserted affirmative defenses to the preference claim under 11 U.S.C. § 547(c)(2) and (4). The bankruptcy court conducted a trial.
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Court
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Comcast of L.A. Inc. v. Sandoval (In re Sandoval)
Mar
31
2006
Ruling
Claim for statutory damages from debtor's alleged theft of cable services was deemed dischargeable debt.
Procedural posture
Plaintiff creditor, a cable television provider, sought a determination that its claim for statutory damages resulting from defendant debtor's alleged violations of anti-piracy and anti- signal theft laws under Cal. Penal Code § 593d was a nondischargeable debt under 11 U.S.C. § 523. The matter was before the court for decision following trial for the creditor to make a prima facie case that the debt was owing and that it was nondischargeable.
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Court
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In re Applause LLC
Feb
23
2006
Ruling
Court deemed that subrogee's claim was not subrogated to lessor's claim and subrogee was entitled to priority claim.
Procedural posture
Lessor filed a claim for unpaid future rents arising from the debtor's breach and rejection of a lease. Subrogee also filed a claim for repayment of its prior payments on a letter of credit it posted in favor of the lessor to cover the debtor's nonpayment, plus miscellaneous contractual damages. The debtor objected to both proofs of claim. Subsequently, the lessor and the debtor stipulated to a proof of claim in the amount of $800,000.
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Court
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In re Mingueta
Feb
13
2006
Ruling
Debtor's chapter 13 case was dismissed since the debtor neither obtained prepetition credit counseling nor established grounds for a temporary or permanent waiver of the requirement.
Procedural posture
Debtor filed a chapter 13 case and requested a waiver of the requirement to obtain pre-bankruptcy budget and credit counseling due to exigent circumstances. The bankruptcy court directed the debtor to show cause why the case should not be dismissed due, in pertinent part, to his failure to file either a certificate of credit counseling or a certificate of exigent circumstances in compliance with 11 U.S.C. § 109(h).
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Court
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- 11 U.S.C.
In re Carmona
Feb
07
2006
Ruling
A trustee and the trustee's counsel were denied fees and costs following the dismissal of a case since they did not exercise reasonable billing judgment in that the fees and costs likely benefitted them and not the estate.
Procedural posture
After the debtor filed a petition for chapter 7 bankruptcy, the trustee filed an application to employ counsel under 11 U.S.C. § 327. The court granted the trustee's motion. Subsequently, the debtor filed a motion to dismiss her case. The court granted the debtor's motion to dismiss and denied payment of fees and costs to the trustee and her counsel. The trustee filed a motion for reconsideration.
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Court
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Concannon v. Imperial Capital Bank (In re Concannon)
Feb
07
2006
Ruling
Appellate panel affirmed ruling that the debtor could not use section 506(d) to remove a creditor's judgment lien and that the lien would pass through the bankruptcy case.
Procedural posture
Appellee creditor sought relief from an automatic stay to foreclose its judgment lien, and appellant debtors defended the motion in their chapter 7 case by seeking a valuation of their rental property encumbered by the lien and avoidance of the creditor's lien pursuant to former 11 U.S.C. § 506(a) and (d). The Bankruptcy Court for the District of Arizona granted the creditor's motion and lifted the stay. Debtors appealed.
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- 11 U.S.C.
Gottlieb v. State Compensation Ins. Fund of Cal. (In re Intl Philanthropic Hosp. Found.)
Jan
04
2006
Ruling
Trustee could not avoid a payment to a state workers'compensation insurance fun since the postpetition transfer was approved by a court order, one that the truste e had requested.
Procedural posture
Debtor operated a 155-bed hospital and was in chapter 11. The chapter 11 trustee found that the debtor-in-possession had cut a check to defendant, the state compensation insurance fund, for $172.860.92 for workers'compensation insurance. The case was converted to a chapter 7. The trustee moved for partial summary adjudication, seeking to recover the funds from defendant on the basis that it was an avoidable transfer under 11 U.S.C. § 549.
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Court
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In re Artimm S.r.l.
Dec
01
2005
Ruling
Settlement was approved and settlement funds were directed to Italian bankruptcy court to assure an economical and expeditious administration of the estate.
Procedural posture
An Italian bankruptcy trustee filed an ancillary proceeding under former 11 U.S.C. § 304 to avert a default judgment against the debtor in a California case filed by the debtor's former executive. Bankruptcy court approval was sought for a proposed settlement agreement entered into by the debtor and a movie studio; the executive and a movie producer opposed the settlement's provision for the transfer of funds to the trustee in Rome.
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Court
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Simantob v. Lahijani (In re Lahijani)
Oct
03
2005
Ruling
Motion for substantive consolidation was granted where the debtor controlled and acted as the alter ego of two non-debtor corporations.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor to determine, inter alia, the dischargeability of debts. The creditors moved for substantive consolidation of two non-debtor corporations with the debtor on the ground that the debtor controlled and acted as alter ego of the corporations.
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Court
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