- FRBP
In re Quick Cash Inc.
Nov
10
2015
Ruling
Class proofs of claim are permissible and may be allowed but more evidence was necessary before approval in the present case.
Issue(s)
Could class proof of claim based on alleged violations of the federal Truth in Lending Act and the New Mexico Unfair Trade Practices Act be allowed?
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Court
:
- FRBP
West v. Home Sav. & Loan (In re West)
Jun
29
2015
Ruling
Dismissal of contempt proceeding that should have been brought by motion in the main case denied.
Issue(s)
Should debtor's proceeding seeking contempt order for creditor's alleged violation of the discharge injunction be dismissed for being brought as an adversary proceeding rather than as a motion in the main bankruptcy case?
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Court
:
- FRBP
In re Biery
Apr
14
2014
Ruling
Contempt proceeding for systemic violations of discharge injunction could be brought as a class proceeding.
Issue(s)
Whether alleged systemic contempts of dozens of identical discharge injunctions, entered in dozens of bankruptcy cases, had to be adjudicated separately in each of the underlying cases, or could be adjudicated by way of a class-motion for contempt filed in one of the underlying cases.
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Court
:
- FRBP
Summit City Limits LLC v. AMF Bowling Worldwide (In re AMF Bowling Worldwide)
Oct
09
2013
Ruling
Creditor could not alter or amend order for disallowance after receiving sufficient notice of debtor's objection to claim.
Issue(s)
Was service by mail, at address specified in creditor's proof of claim and at creditor's business address, of debtor's objection to creditor's proof of claim insufficient so as to allow creditor to alter or amend resulting judgment.
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Court
:
- FRBP
Monk v. LSI Title Co. of Or. LLC (In re Monk)
Aug
09
2013
Ruling
Mortgage was not discharged due to trustee's failure to properly serve objection on mortgagee.
Issue(s)
Whether post-discharge foreclosure violated the discharge injunction or was proper given insufficient notice of trustee's original objection to the mortgagee's claim.
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Court
:
- FRBP
In re Autosport Intl Inc.
Jun
24
2013
Ruling
Compromise between trustee and attorneys who recovered estate property and incurred fees under exigent circumstances without prior authorization approved over creditors' objections.
Procedural posture
Pursuant to Fed. R. Bankr. P. 9019, petitioner chapter 7 trustee filed a motion for court approval of a compromise reached between the trustee and certain attorneys, which had resulted in a reduction of the attorneys' professional fees and costs claimed in recovering a major asset of the bankruptcy estate. Respondent creditors opposed the motion.
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Court
:
- FRBP
In re Atlas Computers Inc.
Jul
24
2012
Ruling
Settlement of fraudulent transfer proceeding approved as fair, reasonable and in best interests of the estate.
Procedural posture
A chapter 7 trustee filed a motion to approve a settlement of a fraudulent transfer action. Certain creditors (the claimants) who were not parties to the fraudulent transfer action objected to the settlement.
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Court
:
- FRBP
In re Franchi
May
27
2011
Ruling
Service of objection to proof of claim upon unnamed corporate officer was insufficient.
Procedural posture
Before the court were three cases that dealt with the issue of whether service upon an unnamed corporate officer satisfied Fed. R. Bankr. P. 9014, incorporating Fed. R. Bankr. P. 7004(b)(3) and 7004(h).
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Court
:
- FRBP
In re Angelos
Mar
15
2011
Ruling
Approval of settlement denied due to trustee's failure to investigate fairness and equity.
Procedural posture
In a contested matter governed by Fed. R. Bankr. P. 9014, movant, the chapter 7 trustee, asked the court to approve a proposed settlement between the trustee and a claimant with long-standing disputes with debtor. At issue was whether the proposed settlement was fair and equitable including whether it would benefit other creditors of the estate.
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Court
:
- FRBP
In re Circuit City Stores Inc.
May
28
2010
Ruling
Class proofs of claim denied absent proper authorization from court.
Procedural posture
Named claimants filed claims on behalf of themselves and unnamed claimants, seeking recovery of money they alleged that debtors, affiliated corporations that declared Chapter 11 bankruptcy, owed former employees. The named claimants filed a motion which asked the court to apply Fed. R. Bankr. P. 7023 to their class proofs of claim pursuant to Fed. R. Bankr. P. 9014(c), the debtors filed an objection to the motion.
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Court
: