- 11 U.S.C.
In re Nguyen
Apr
02
2012
Ruling
Confirmation of nonconsensual plan denied where balloon payment violated requirement for equal monthly payments.
Procedural posture
A creditor objected to the confirmation of a chapter 13 debtor's plan, asserting that 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I)'s requirement for equal monthly payments necessarily precluded payment of its secured claim through a balloon payment as provided in the plan.
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- 11 U.S.C.
In re Taggart
Dec
09
2011
Ruling
Continued prosecution of state court case did not violate stay where debtor had reengaged on counterclaim.
Procedural posture
The court received evidence and heard testimony and argument at a hearing on debtor's motion to hold respondents in contempt for violating the discharge injunction under 11 U.S.C.S. § 524. The hearing was limited to issues as to liability. At the conclusion of the hearing, the court took the matter under advisement.
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:
- 11 U.S.C.
United States Trustee v. Knowling (In re Knowling)
Oct
20
2011
Ruling
Discharge denied due to failure to keep complete and accurate records.
Procedural posture
Plaintiff, the U.S. Trustee (UST), asked the court to deny defendant, a Chapter 7 debtor, a discharge per 11 U.S.C.S. § 727 based on various grounds including that debtor allegedly failed to keep or preserve records from which his financial condition could be determined within the meaning of § 727(a)(3).
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:
- 11 U.S.C.
Marciano v. Fahs (In re Marciano)
Sep
15
2011
Ruling
Unstayed state court sanctions against involuntary debtor for discovery abuse were not subject to bona fide dispute.
Procedural posture
Appellant-involuntary debtor sought review of a judgment of the United States Bankruptcy Court for the Central District of California, which held that his appeal of unstayed state court judgments of more than $260 million against him as sanctions for discovery abuses did not constitute claims that were subject to bona fide dispute for purposes of relief under 11 U.S.C.S. § 303.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Warkentin
Aug
16
2011
Ruling
Amended claim including postpetition attorneys' fees and costs allowed over debtor's objection.
Procedural posture
Chapter 11 debtor objected to an amended claim filed by the holder of a deed of trust on the debtor's real property.
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McKittrick v. Brown (In re Knowling)
Jul
05
2011
Ruling
Release of lien on property in exchange for security interest in business assets was not a contemporaneous exchange for new value and preferential.
Procedural posture
Trustee brought an adversary proceeding against creditors seeking to avoid a bankruptcy debtor's transfer of a security interest to the creditors as preferential under 11 U.S.C.S. § 547(b), but the creditors contended that the transfer was not avoidable as a contemporaneous exchange for new value. The trustee and the creditors cross-moved for summary judgment.
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- 11 U.S.C.
LT Builders Group LLC v. Blue Sky AvGroup LLC (In re Aircraft Investor Res. LLC)
Jun
08
2011
Ruling
Objections to results of inventory duly conducted pursuant to asset purchase agreement dismissed as untimely and without basis.
Procedural posture
Plaintiff, the assignee of debtor's assets through a sale pursuant to 11 U.S.C.S. § 363, moved for summary judgment on its claims against defendants, amateur airplane builders, and defendants' counterclaims. The assignee sought a judgment declaring that defendants' claims to general inventory items or any other personal property items were untimely, barred and/or waived (Count 1), and they had no ownership interest in such items (Count 2).
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:
- 11 U.S.C.
United States Trustee v. Howell (In re Howell)
Apr
26
2011
Ruling
Discharge denied due to debtor's false oath and accounts.
Procedural posture
United States Trustee brought an adversary proceeding against debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's false oaths and accounts in connection with his bankruptcy case.
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- 11 U.S.C.
Charlie Y. Inc. v. Carey (In re Carey)
Mar
04
2011
Ruling
Dismissal of creditor's application for award of attorneys' fees in adversary proceeding reversed.
Procedural posture
Appellant creditor filed a motion (Fee Motion) for approval of an award of attorney's fees in the Adversary Proceeding. The U.S. Bankruptcy Court for the Eastern District of California dismissed the Fee Motion based on its conclusion that the Complaint did not state a claim for fees. The bankruptcy court entered a Minute Order dismissing the Fee Motion. The creditor filed a Notice of Appeal of the Minute Order. Appellee was debtor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Peoples Capital & Leasing Corp. v. Big3D Inc. (In re Big3D Inc.)
Oct
06
2010
Ruling
Bankruptcy court properly held creditor was not entitled to adequate protection payments to compensate for decline in value of collateral.
Procedural posture
Appellant, a secured creditor, challenged an order of the Bankruptcy Court for the Eastern District of California holding that the creditor was not entitled to adequate protection payments from the debtor to compensate it for the decline in the value of its collateral occurring between the petition date and the date the creditor filed its request for adequate protection. The court granted en banc consideration.
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Judge or Jurisdiction information not available