- 11 U.S.C.
In re Moreno
Aug
15
2012
Ruling
Condominium association's default judgment including fees and costs violated discharge injunction.
Procedural posture
Chapter 7 debtor filed a motion to impose sanctions for violation of the discharge injunction under 11 U.S.C.S. § 524(a). The debtor contends that respondent property owners association violated the discharge injunction by obtaining a postpetition default judgment against the debtor in state court.
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Court
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Association of Retired Employees v. City of Stockton (In re City of Stockton)
Aug
06
2012
Ruling
Bankruptcy court was prohibited from issuing injunction requiring debtor city to fund retiree health benefits that would have interfered with the debtor city's property or revenues.
Procedural posture
An association of retired employees and eight retirees filed a class action adversary proceeding against the City of Stockton, California, seeking an order that required the City to continue paying the cost of retiree health care benefits, or relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the City declared chapter 9 bankruptcy. The court held a hearing on plaintiffs' claims.
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Court
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In re Parreira
Jan
05
2012
Ruling
Creditor's attorneys' fees allowed in full as reasonable under lodestar method.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code, and their largest creditor filed a claim against the debtors' bankruptcy estate which included a request for payment of attorney's fees in the amount of $53,384. The debtors filed an objection to the creditor's claim.
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Court
:
- 11 U.S.C.
Tyler v. Ownit Mortg. Loan Trust
Oct
28
2011
Ruling
Trustee could not avoid deed of trust that was valid under state law despite faulty acknowledgement.
Procedural posture
Appellant trustee filed an adversary proceeding in the United States Bankruptcy Court for the Eastern District of Virginia, seeking under 11 U.S.C.S. § 544(a) to avoid the conveyance of debtors' property to appellee following a foreclosure sale. The bankruptcy court held that the conveyance could not be avoided. The trustee appealed.
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Court
:
- 11 U.S.C.
In re Renteria
Aug
01
2011
Ruling
Unfair discrimination test was not applicable to consumer debt for attorneys' fees incurred in family law litigation.
Procedural posture
Chapter 13 trustee objected to confirmation of the Chapter 13 plan filed by the debtor. The trustee contended that the plan unfairly discriminated against unsecured creditors in violation of 11 U.S.C.S. § 1322(b)(1).
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Court
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Halpin v. Hardy (In re Hardy)
Mar
18
2011
Ruling
Debt based on proposed state court judgment that had not yet been entered was dischargeable.
Procedural posture
Creditors moved for summary judgment on the issue of whether a debt owed to them by defendant debtors by virtue of a "draft" state court judgment was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and /or § 523(a)(6). Debtors also moved for summary judgment.
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Court
:
- 11 U.S.C.
Zavala v. Wells Fargo Bank (In re Zavala)
Feb
08
2011
Ruling
Bank's hold on debtor's accounts and request to trustee for instructions did not violate stay.
Procedural posture
Defendant bank filed a motion to dismiss chapter 7 debtors' complaint, which alleged that the bank violated the automatic stay, 11 U.S.C.S. § 362(a)(3), when it refused to disburse monies owed by the bank for two prepetition demand amounts in which the debtors asserted an exemption.
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Court
:
- 11 U.S.C.
In re Thomas
Sep
13
2010
Ruling
Confirmation denied due to failure to provide creditors with present value of claims.
Procedural posture
Before the court for confirmation consideration was debtors' proposed Second Amended Chapter 13 Plan. The chapter 13 trustee opposed confirmation.
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Court
:
- 28 U.S.C.
In re Hale
Sep
13
2010
Ruling
Acquisition of secured claims by debtor-in-possession financer did not amount to a disbursement that would trigger a quarterly fee.
Procedural posture
Before the court was a contested matter (the "Motion") filed by the U.S. Trustee (UST) to compel the payment of quarterly fees by the Chapter 11 debtor. It was brought in conjunction with debtor's motion to confirm a Chapter 11 plan.
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Court
:
- 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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