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
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Travelers Cas. & Sur. Co. of Am. v. Dunmore (In re Dunmore Homes Inc.)
Apr
02
2009
Ruling
Withdrawal of reference not warranted prior to determination by bankruptcy court of whether tax proceeding was core or non-core.
Procedural posture
Plaintiff insurer sued defendant chapter 11 debtor, debtor's owner, debtor's predecessor in interest, and bank, alleging that it had a senior security interest in a tax refund owed to the owner. The bank filed counterclaims and cross-claims, then moved to withdraw the reference of the adversarial action from the bankruptcy court and transfer the matter to the district court pursuant to 28 U.S.C.S. § 157(d) and Fed. R. Bankr. P. 5011(a).
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Court
:
- FRBP
Lebbos v. Schuette (In re Lebbos)
Mar
23
2009
Ruling
Attorneys' fees properly awarded in connection with default judgment against debtor for failure to produce documents.
Procedural posture
Appellant debtor sought review of an order of the bankruptcy court, which awarded appellee creditor attorneys' fees and costs as the prevailing party in conjunction with the entry of default judgment against the debtor and the costs incurred in making the motion for the entry of default judgment.
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Court
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In re City of Vallejo
Mar
02
2009
Ruling
Stay in municipal case applied to firefighters' union's safety grievance where hearing on rejection of collective bargaining agreement was pending.
Procedural posture
A firefighters union moved for a declaration that the automatic stay in the city's chapter 9 bankruptcy case did not prevent the union from pursuing a safety grievance against the city for its unilateral reduction in staffing levels, allegedly in violation of a collective bargaining agreement (CBA).
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Court
:
- 11 U.S.C.
In re Thissen
Feb
12
2009
Ruling
Confirmation denied where plan proposed treating creditors who were unsecured due to decrease in value of collateral as secured.
Procedural posture
The chapter 13 trustee objected to confirmation of a chapter 13 plan proposed by debtors, a married couple, on the ground that debtors had miscalculated the amount of disposable income to be paid to unsecured creditors. At issue was the status properly accorded to claims asserted by holders of trust deeds 1 and 2 whose positions had become wholly unsecured by reason of a diminution in value of the collateral, which was debtors' residence.
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Court
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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
:
- 11 U.S.C.
Maddalone v. Solano County
Jan
05
2009
Ruling
Stay in chapter 9 case was not applicable to case brought by prisoner against city officials.
Procedural posture
Plaintiff was a prisoner proceeding without counsel in an action under 42 U.S.C.S. § 1983. Defendants were Solano County (California), et al. The prisoner filed an affidavit which contained a request for a continuance of 6 months. Defendants filed a Notice of Automatic Stay, asserting that the claims in this case were subject to the automatic stay under 11 U.S.C.S. §§ 362, 922. Defendants did not oppose the prisoner's request for a 6 month stay.
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Court
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In re Beaza
Dec
29
2008
Ruling
Case ordered converted or dismissed on totality of circumstances where debtors proposed surrendering collateral to satisfy most of secured debt.
Procedural posture
The trustee moved to dismiss the debtors'chapter 7 petition, based on the debtors'claim of certain deductions on Official Bankr. Form 22A (the Means Test), either as a presumed abuse of chapter 7 pursuant to 11 U.S.C.S. § 707(b)(2), alternatively as an abuse of chapter 7 based on the totality of the circumstances of the debtors'financial situation pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
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Brashers Sacramento Auto Auction Inc. v. Ahmed (In re Ahmed)
Dec
23
2008
Ruling
Amounts owed by debtor auto dealer to auto sales company were nondischargeable due to theft of auto titles and willful and malicious wrongful sales to third parties.
Procedural posture
Plaintiff auto auction company filed a complaint to determine that certain debts owed by defendant debtor were nondischargeable in debtor's chapter 7 case pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4) and (a)(6).
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Court
:
- FRBP
Lebbos v. Schuette
Dec
02
2008
Ruling
Approval of settlement of unlisted civil rights assualt and battery case affirmed.
Procedural posture
Appellant, the debtor in the underlying bankruptcy, sought review of an order of the Bankruptcy Court for the Eastern District of California, that approved the settlement and compromise under Fed. R. Bankr. P. 9019, by appellee trustee of a civil rights assault and battery suit that the debtor had failed to list as an asset of her estate.
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Court
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