- 11 U.S.C.
In re Siller
Apr
09
2010
Ruling
State court award of fees was not preclusive on debtor's objection as reasonableness had not been considered.
Procedural posture
Movants, attorneys who had represented the individual and corporate debtors in corporate litigation and who had obtained a state court judgment for attorney's fees based on arbitration, moved for summary judgment, asserting the arbitration award was either claim or issue preclusive on the debtors' objection to the reasonableness of the fees, raised under 11 U.S.C.S. § 502(b)(4), in light of the Full Faith and Credit Statute, 28 U.S.C.S. § 1738.
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Court
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In re Roderick
Mar
08
2010
Ruling
Motion to defer discharge pending lender's decision whether or not to allow modification granted.
Procedural posture
Debtors intended to reaffirm their mortgage and were negotiating with their mortgage lender for modification of the mortgage loan terms. After the debtors' discharge was deferred several times to allow the negotiations to continue, the debtors again moved to defer discharge under Fed. R. Bankr. P. 4004(c)(2) pending a decision by the lender whether a loan modification would be granted.
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Court
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In re Kobra Props.
Jun
01
2009
Ruling
Trustee granted permission to hire law firm that had represented unsecured creditors' committee given similar interests in optimizing value of estate.
Procedural posture
Debtors, a California general partnership and three California limited liability companies, filed petitions under chapter 11 of the Bankruptcy Code. The court ordered joint administration and appointed a trustee to represent the bankruptcy estates, and the trustee filed a motion seeking permission to hire a law firm that had represented a committee of unsecured creditors. The U.S. trustee (UST) filed an objection to the motion.
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Court
:
In re Van Ness
Jan
23
2009
Ruling
Extraordinary relief requested by creditor in motion for relief from stay required an adversary proceeding.
Procedural posture
Creditor filed a motion for relief from stay under 11 U.S.C.S. § 362(d). The motion requested other relief, in the form of injunctive and extraordinary equitable relief, which was not provided for by 11 U.S.C.S. § 362.
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Court
:
In re Johnson
Nov
21
2008
Ruling
Employment of debtor's attorney by chapter 11 trustee for transition services approved.
Procedural posture
The chapter 11 trustee applied under 11 U.S.C.S. § 327(e) to employ debtors' counsel for the specified special purpose of performing transition services he had requested. As finally adjusted, the 11 U.S.C.S. § 330(a)(1) fee request sought a total of $ 179,894, including the $ 3,857 incurred at the request of the chapter 11 trustee after counsel's § 327(a) employment ended and $ 1625 for preparation and prosecution of the final fee application.
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Court
:
White v. Brown (In re White)
Apr
22
2008
Ruling
Bankruptcy court did not err in ordering turnover of proceeds of sale of debtor's homestead.
Procedural posture
Debtor challenged an order from the Bankruptcy Court for the District of Arizona, which ordered the turnover of the proceeds from the sale of his Arizona homestead under 11 U.S.C.S. § 542(a).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hupp v. Educational Credit Mgmt. Corp. (In re Hupp)
Jan
18
2008
Ruling
Denial of summary judgment in student loan dischargeability proceeding was not appropriate for interlocutory appeal.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8). The Bankruptcy Court for the Southern District of California, inter alia, denied the debtor's summary judgment motion focused on constitutional issues. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
Fridley v. Forsythe (In re Fridley)
Dec
18
2007
Ruling
Debtors committed to thirty-six month plan could not prepay and obtain early discharge absent modification.
Procedural posture
Appellants, debtors, challenged a decision of the Bankruptcy Court for the Western District of Washington that denied their motion for entry of discharge. The issue was whether the debtors could prepay their chapter 13 plan and obtain an early discharge.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Khalil v. Developers Sur. & Indem. Co. (In re Khalil)
Nov
06
2007
Ruling
Discharge denied due to debtor's reckless indifference to accuracy of statements and schedules.
Procedural posture
Appellant debtor challenged the Bankruptcy Court for the Central District of California's judgment denying his discharge under 11 U.S.C. § 727(a)(4)(A) (amended 2005) for knowingly and fraudulently making a false oath or account in, or in connection with, this bankruptcy case. Appellee creditor cross-appealed seeking denial of debtor's discharge under other provisions of section 727(a).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Agundez
Jun
01
2007
Ruling
Automatic stay expired as to debtors in personam upon discharge, but relief from stay was necessary as to the estate in order to allow foreclosure to proceed.
Procedural posture
In debtors'chapter 7 case, movant bank, on April 23, 2007, filed a motion, notice, and declaration requesting that the court vacate the automatic stay to permit it to foreclose upon real property.
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Court
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