Dec
30
2011
In re H.T. Pueblo Props. LLC
Movant, the principal secured creditor, filed a motion for relief from the automatic stay, and a motion for adequate protection, under 11 U.S.C.S. §§ 361-363, against chapter 11 debtor in possession, whose sole asset was a Ramada Inn motel.
Ruling:
Relief from stay granted as debtor had no reasonable prospect of reorganization or providing adequate protection.
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Commercial case opionion summary, case decided on December 30,2011, LexisNexis #0212-007
Dec
21
2011
In re Loeffler
Creditor bank filed an objection to chapter 13 debtor's second amended chapter 13 plan, and the court held a hearing on confirmation of that plan.
Ruling:
Confirmation denied due to failure to adequately deal with possible avoidable transfer made on eve of filing date.
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Consumer case opionion summary, case decided on December 21,2011, LexisNexis #0212-067
Dec
19
2011
In re Gentry
The chapter 13 trustee objected to the debtors' proposed plan. The parties disputed whether the debtors, a married couple, had to include unemployment compensation in their calculation of "current monthly income" (CMI) on Form 22C.
Ruling:
Confirmation denied due to failure to include unemployment compensation in current monthly income calculation.
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Consumer case opionion summary, case decided on December 19,2011, LexisNexis #0112-071
Dec
19
2011
In re Local Serv. Corp.
A chapter 7 trustee and a chapter 11 trustee filed a motion under 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9019 to approve a settlement agreement of adversary proceedings alleging fraudulent conveyance against a limited liability company (LLC) and against the chapter 7 debtor's wife. One creditor objected to the proposed settlement.
Ruling:
Trustee's settlement of fraud claims that would be expensive and difficult to prove approved in best interests of estates' creditors.
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Commercial case opionion summary, case decided on December 19,2011, LexisNexis #0112-102
Dec
13
2011
In re South Station LLC
Law firm representing a debtor filed an application for attorneys' fees and costs pursuant to 11 U.S.C.S. §§ 329 and 330 and Fed. R. Bankr. P. 2016. The chapter 7 trustee filed an objection to the application on the grounds that the law firm failed to comply with the disclosure requirements of Fed. R. Bankr. P. 2016.
Ruling:
Debtor's attorneys' fees disallowed due to failure to disclose payments from debtor's principal.
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Commercial case opionion summary, case decided on December 13,2011, LexisNexis #0112-040
Dec
13
2011
In re Studstill
A chapter 7 debtor sought to exempt the portion of a tax refund held as cash at the time she filed her bankruptcy petition under S. 12, 2011 Reg. Sess. (Kan. 2011), to be codified at K.S.A. 60-2315 (Senate Bill No. 12). The Trustee filed a motion for turnover and objected to the Amended Schedule C which listed that cash as exempt.
Ruling:
Tax refund held by debtor as cash on petition date was subject to turnover.
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Consumer case opionion summary, case decided on December 13,2011, LexisNexis #0212-049
Dec
12
2011
In re Keyser
Debtor asked the court to rule that a condominium owners association (COA) had violated the automatic stay imposed per 11 U.S.C.S. § 362 by pursuing foreclosure of debtor's interest in a condo unit and that damages were properly awarded under § 362(k). The court had previously granted relief from stay to COA to pursue a state court action for in rem foreclosure relief.
Ruling:
Creditor's pursuit of in rem foreclosure remedy did not violate stay.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-077
Dec
12
2011
First New Mexico Bank v. Bruton (In re Bruton)
Plaintiff bank filed an adversary proceeding against defendant debtors, a husband and wife, seeking a determine that the debtors owed the bank a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). Several claims were resolved on pretrial motion, and the court tried the bank's claim that the wife owed the bank a debt that was nondischargeable under § 523(a)(2)(A).
Ruling:
Debtor spouse's debt to bank was dischargeable absent evidence of false statements or guarantees.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-019
Dec
12
2011
Wasatch Towers Condo. Owners Assn v. Keyser (In re Keyser)
After creditor commenced an adversary proceeding to determine the nondischargeability of its debt under 11 U.S.C.S. § 523, chapter 7 debtor filed counterclaims asserting a violation of the automatic stay and the creditor's failure to pay tax taxes and comply with accounting of foreclosure. The creditor sought to dismiss the counterclaims pursuant to Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(b)(6).
Ruling:
Debtor's counterclaim in nondischargeability proceeding dismissed as not related to subject matter of the proceeding.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-083
Dec
09
2011
In re Smith
This matter came before the court for an evidentiary hearing, by video- conference, on the Motion for Relief from Automatic Stay filed by a creditor and the Objection filed by debtors. The creditor filed its motion under 11 U.S.C.S. § 362(d) so that it could foreclose its security interest on certain collateral.
Ruling:
Relief from stay to foreclose granted where collateral was properly secured and creditor not adequately protected.
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Consumer case opionion summary, case decided on December 09,2011, LexisNexis #0212-075