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In re Dimas LLC

Dec
29
2006
Ruling
Compensation denied for services described in insufficient detail and services that did not benefit estate.
Procedural posture

The special counsel for a chapter 11 debtor filed an application, pursuant to 11 U.S.C. § 330, for a final allowance of compensation and expense reimbursement.

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opinion summary, case decided on December 29, 2006 , LexisNexis #0207-086
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In re Elliott-Cook

Dec
20
2006
Ruling
Stay continued in debtor's second chapter 13 case due to sufficient evidence to overcome presumption of bad faith.
Procedural posture

A chapter 13 debtor filed an uncontested motion for continuation of the automatic stay as to all creditors, pursuant to 11 U.S.C. § 362(c)(3).

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opinion summary, case decided on December 20, 2006 , LexisNexis #0207-076
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In re Resto-Perez

Nov
20
2006
Ruling
Automatic stay continued where debtors'second chapter 13 case was filed in good faith, met payment requirements and circumstances had changed in debtors'favor.
Procedural posture

The chapter 13 debtors filed a motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3).

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opinion summary, case decided on November 20, 2006 , LexisNexis #0307-005
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In re White

Nov
23
2005
Ruling
Two judicial liens were avoided since the court calculated the debtor's interest in joint property as the debtor's partial interest rather than as the value of the entire property and since the amount of the impairment of the debtor's exemption exceeded t
Procedural posture

Debtor moved to avoid liens pursuant to 11 U.S.C. § 523. The issue before the court was one of statutory construction of 11 U.S.C. § 522(f)(2)(A). More specifically, the question was whether the language "the debtor's interest in the property" required that computations with respect to jointly owned property be based upon only the debtor's share rather than the value of the entire property.

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opinion summary, case decided on November 23, 2005 , LexisNexis #0306-050
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