Dec
29
2006
In re Dimas LLC
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.
Ruling:
Compensation denied for services described in insufficient detail and services that did not benefit estate.
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Dec
21
2006
In re Swanson
The chapter 13 trustee objected to the debtor's eligibility to be a debtor under 11 U.S.C. § 109(h). The Trustee noted that the certificate of credit counseling filed by the debtor showed that he received a credit briefing at 8:28 a.m. on the day his petition was filed. The issue was whether such a "same day" briefing satisfied the section 109(h) requirement that the credit briefing be received "preceding the date of filing the petition."
Ruling:
Credit briefing received on the morning of petition date prior to filing satisfied the counseling requirement.
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Dec
20
2006
In re Larison
A chapter 7 trustee filed a motion seeking approval of a proposed final accounting and distribution of the assets from two joint debtors'bankruptcy estate. A creditor filed an objection, contending that it had timely filed its unsecured claim under 11 U.S.C. § 502(h) and was entitled to full payment of it.
Ruling:
Proof of claim filed more than 30 days after close of adversary proceeding from which it arose was to be treated as an untimely, unsecured claim.
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Dec
20
2006
In re Elliott-Cook
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).
Ruling:
Stay continued in debtor's second chapter 13 case due to sufficient evidence to overcome presumption of bad faith.
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Dec
19
2006
Kendall v. Carbatt (In re Carbatt)
Chapter 7 trustee sought to avoid the prepetition transfer by debtor to defendant ex-wife of his interest in their family home and in an unsecured promissory note pursuant to 11 U.S.C. §§ 548(a) and 544(b). He also sought to recover the transfers or their value from the wife pursuant to 11 U.S.C. § 550(a)(1) and , with respect to his interest in the house, from defendant, the wife's mother, as a subsequent transferee pursuant to section 550(a)(2).
Ruling:
Transfer of marital home to former spouse for reasonably equivalent value was not avoidable nor was subsequent transfer from former spouse to her mother.
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Dec
17
2006
Caldwell v. McMahans of Lancaster Inc. (In re Caldwell)
Plaintiff debtor was arrested pursuant to a warrant resulting from her failure to appear at a debtor's examination following the entry of a default small claims judgment against her in favor of defendant creditors. The debtor filed a complaint seeking damages from the creditors for a violation of the automatic stay under 11 U.S.C. § 362(k)(1).
Ruling:
Creditor's failure to recall arrest warrant for debtor's non-appearance at examination was a willful stay violation.
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Dec
14
2006
In re Pak
A debtor sought confirmation of his amended chapter 13 plan, but the trustee and an unsecured creditor objected to the confirmation. The debtor contended that the plan should be confirmed because the payments constituted more than his "projected disposable income" under 11 U.S.C. § 1325(b)(1)(B).
Ruling:
Confirmation denied due to debtor's failure to commit all projected disposable income to plan.
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Dec
14
2006
In re Mason
A chapter 7 trustee filed his proposed final account and a request for compensation with the court, and at the court's request, he filed an affidavit in support of the fee request. There were no objections made by any interested party or by the U.S. Trustee.
Ruling:
Trustee who hired outside counsel for more complicated tasks entitled to fees for administrative activity only.
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Dec
12
2006
In re Bossie
The debtors moved to confirm their proposed chapter 13 plan. The chapter 13 trustee recommended against confirmation. The issue was the proper calculation of the debtors'"projected disposable income"for purposes of 11 U.S.C. § 1325(b)(2).
Ruling:
From 22C did not provide sufficient or accurate basis for determining debtor's "projected disposable income."
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Dec
05
2006
In re Mitchell
The United States Trustee filed a motion to dismiss debtor's chapter 7 case with prejudice pursuant to 11 U.S.C. § 707(b)(3)(A) and contingent motion to extend bar date for filing complaint under 11 U.S.C. § 727 objecting to debtor's discharge (the Motion).
Ruling:
Case dismissed with prejudiceand 180-day filing bar due to debtor's willful and intentional abusive and fraudulent credit usage prior to filing.
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