Pasian v. Leonetti (In re Pasian)
Mar
15
2010
Ruling
Creditor barred by discharge injunction from seeking recovery on prepetition claims unless excepted from discharge.
Procedural posture
Before the court in the adversary proceeding was plaintiff debtor's application for temporary restraining order against defendant creditor.
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Court
:
- 11 U.S.C.
In re 2712 Mission Partners LP
Jan
22
2010
Ruling
Confirmation of debtor's fourth amended plan and creditors' plan denied and stay continued conditioned on sale of office property.
Procedural posture
Debtor, a limited partnership that owned an office building, filed a chapter 11 petition. The debtor filed a disclosure statement that included its fourth attempt at a reorganization plan. A creditor also filed a disclosure statement and secured creditors filed a joint motion for relief from stay.
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Court
:
In re Van Upp
Jan
21
2010
Ruling
Reasonable fees of creditors' attorneys allowed as part of secured claims.
Procedural posture
Two secured creditors filed applications to have the attorney's fees each incurred allowed as part of their secured claims pursuant to 11 U.S.C.S. § 506(b). The chapter 11 debtor objected to both applications on the basis that the fee provision in each creditor's note and deed of trust did not cover the activities in question and on the basis that the fees were not reasonable.
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Court
:
- 11 U.S.C.
Heung Ser Park v. Son (In re Son)
Dec
15
2009
Ruling
Entire amount of state court judgment arose out of debtor's fraudulent conduct and was nondischargeable.
Procedural posture
Creditor moved for summary judgment seeking a determination that all the elements of non-dischargeablility under 11 U.S.C.S. § 523(a)(2) had been established in a state court decision. The court granted the motion in part, determining that the judgment established all issues related to non-dischargeability except one. The matter as to how defendant debtor's misrepresentations caused the damages awarded was pending decision after trial.
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Court
:
In re McKinney
Mar
03
2008
Ruling
Trustee not allowed maximum compensation where substantially disporportionate to value of serviced performed.
Procedural posture
A debtor objected to the chapter 7 trustee's application for the maximum compensation permitted under 11 U.S.C.S. § 326(a) on the ground that the fees were disproportionate to the work required.
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Court
:
Church at San Francisco Where Jesus is Lord v. Winston (In re Church at San Francisco Where Jesus is Lord)
Feb
05
2008
Ruling
Bankruptcy court lacked subject matter jurisdiction over post-dismissal adversay proceeding concerning postpetition conduct of third parties.
Procedural posture
After debtor's voluntary chapter 11 proceeding was dismissed on the request of the parties, debtor filed an adversary proceeding against certain persons who were involved with property that was a part of the bankruptcy estate. At issue was whether the court had subject matter jurisdiction per 11 U.S.C.S. § 1334(b) over the adversary complaint and whether it ought to grant debtor's ex parte application for a temporary restraining order (TRO).
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Court
:
In re Ng
Dec
13
2007
Ruling
Sale free and clear of debtor's interests extinguished all remaining rights in property.
Procedural posture
Before the court was a motion for a stay pending appeal of the court's September 28, 2007 order requiring that a person who had interests in a certain real property (movant) turn over possession of the real property.
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Court
:
- 11 U.S.C.
ATR-Kim Eng Capital Partners Inc. v. Bonilla (In re Bonilla)
Oct
16
2007
Ruling
Director's complete failure to act to preserve corporate assets was fiduciary defalcation so that debt was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The debt arose from a state court judgment in which found that the debtor, a corporate director, had breached his duty of loyalty to the creditor, a minority shareholder. The debtor moved to dismiss contending that a corporate director was not a "fiduciary"under section 523(a)(4).
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Court
:
In re McKinney
Aug
27
2007
Ruling
Court could require trustee to submit records to support application for "reasonable" fee.
Procedural posture
A debtor filed a petition under chapter 13. A chapter 13 trustee filed objections to the debtor's plan for repaying his creditors, and the court converted the case to one under chapter 7. Applicant chapter 7 trustee was appointed to manage the bankruptcy estate, and she filed an application for compensation after the debtor's creditors were paid. The debtor filed an objection to the application.
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Court
: