- 11 U.S.C.
National Commer. Recovery Inc. v. McClanahan (In re McClanahan)
Oct
01
2014
Ruling
Debtor's failure to pay dealer in transaction subject to the Perishable Agricultural Commodities Act was not a fiduciary defalcation that would render the resulting debt nondischargeable.
Issue(s)
Where transactions between debtor and creditor's predecessor (produce dealer) were subject to the provisions of the statutory trust created by PACA, 7 U.S.C.S. §§ 499a-499t, whether debtor's failure to pay the dealer was a defalcation while acting in a fiduciary capacity for purposes of nondischargeability under 11 U.S.C.S. § 523(a)(4).
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Court
:
- 11 U.S.C.
In re Dekoning
Aug
27
2014
Ruling
Junior lien could not be treated as unsecured based on fair market value of property.
Issue(s)
Whether a bank's junior lien was wholly unsecured and could be treated as a general unsecured claim in debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
Black v. HSBC Bank USA (In re Black)
Jul
25
2014
Ruling
Creditors did not violate stay where eviction was protected by in rem order from another bankruptcy court.
Issue(s)
Did "in rem" order for relief from the automatic stay by another bankruptcy court in another debtor's case prior to commencement of debtor's bankruptcy case protect creditor's efforts to proceed with an eviction from the application of the automatic stay?
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Court
:
McCarthy v. Giron
Jun
06
2014
Ruling
Co-owners were liable for debts of corporation on basis of fraud.
Issue(s)
Whether the co-owners of a debtor corporation were liable in a bankruptcy proceeding for debts of the corporation under 11 U.S.C.S. § 544(b).
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Court
:
- 11 U.S.C.
In re Kutumian
May
15
2014
Ruling
Debtor awarded attorneys' fees and costs incurred prior to termination of stay violation.
Issue(s)
What was the appropriate amount of damages, specifically attorney's fees and costs, that the debtor can recover as a result of the knowing violation of stay by creditor in pursuing construction defects action?
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Court
:
In re Perez
May
14
2014
Ruling
Debtors' third chapter 11 case ordered converted or dismissed with filing bar.
Issue(s)
Should debtors' third chapter 11 case filed within 18 months be dismissed with a 180-day filing bar?
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Court
:
In re South Lakes Dairy Farm
Jan
22
2014
Ruling
Fees of attorneys for committee of unsecured creditors approved as reasonable given waiver of fees for defending final application and limitation on fees in prior fee applications.
Issue(s)
Should final fee application of attorneys for unsecured creditors' committee be allowed?
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Court
:
- 11 U.S.C.
In re Maxwell
Nov
08
2013
Ruling
Plan modification denied as not proposed in good faith due to failure to share benefits of increased income and loan modification with creditors.
Issue(s)
Was trustee's "good faith" objection to modified plan appropriate, on grounds that the modification did not reflect increase in debtors' income or amount saved on loan modification, where distribution to creditors was not decreased.
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Court
:
- 11 U.S.C.
Landis v. Orozco (In re Orozco)
Oct
21
2013
Ruling
Debtor serial filer's fourth case dismissed with prejudice due to bad faith and abuse of system.
Issue(s)
Should serial filer's fourth case be dismissed for bad faith.
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Court
:
- 11 U.S.C.
In re Cortez
Jul
10
2013
Ruling
Bankruptcy petition preparer fined and ordered to disgorge fees due to failure to sign petition, file Official Form 19 and for nondisclosures.
Procedural posture
The U.S. Trustee's Motion For Fines And Disgorgement To Debtor Under 11 U.S.C.S. § 110 came on for hearing. The U.S. Trustee's pleadings were unopposed.
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Court
: