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In re Plymouth Rubber Co.

The debtors, two companies that were being jointly administered in bankruptcy proceedings, filed a motion to allow one of the debtors to make payments pursuant to an employee retention plan so that the debtors could pay benefits owed to the employees once they are terminated during the wind-down of the debtor's manufacturing operations. The debtors claimed the expense was entitled to administrative expense priority under 11 U.S.C. § 503(b)(1).
Ruling: 
Court granted the debtors' motion for authority to make payments under the employee retention plan as an administrative claim so that the debtors could make severance payments when they became due.
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In re Bartholomew

Debtor filed an application to waive the submission of some of the payment advices that he received during the sixty days prior to his bankruptcy filing. He asked that the motion be granted without a hearing. Because debtor's chapter 13 bankruptcy case was commenced after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the case was subject to the Act's provisions.
Ruling: 
Court denied the debtor's application to not have to submit certain required payment advices but with leave for the debtor to request a determination that the proceeding was not subject to automatic dismissal for failure to submit all required information.
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In re Tolson

Debtor moved to avoid the judicial lien of the creditor pursuant to 11 U.S.C. § 522(f), contending that entireties property was 100 percent exempt, and that the judicial lien impaired the entireties exemption and was thus avoidable.
Ruling: 
A judicial lien was avoided since the lien impaired the debtor's homestead exemption for entireties property co-owned by the debtor's spouse.
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Roche v. Pep Boys Inc. (In re Roche)

Plaintiff debtor, in count one, sought an emergency turnover of property and release of a garnishment. Claim two sought damages for willful violation of the automatic stay due to the fact that defendants, a judgment creditor and its attorney, failed to immediately release the garnishment upon learning about the filing of the bankruptcy petition. Cross-motions for summary judgment were pending.
Ruling: 
Judgment creditor and its attorney willfully violated the automatic stay by failing to dismiss a prepetition bank garnishment and seek adequate protection within a reasonable time.
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In re U.S. Airways Inc.

Before the court in a chapter 11 matter was the objection of a creditor to movant reorganized debtors'request for an order disallowing late-filed claims, including two that the claimant filed in the total amount of approximately $9.7 million.
Ruling: 
Court did not allow a creditor's late-filed claims since adequate notice was provided by publication in the paper and the late filing was not due to excusable neglect.
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In re Madison

Movant, a chapter 13 trustee, filed an objection in several bankruptcy cases to proofs of claims filed by respondent creditors regarding certain postpetition, preconfirmation fees included in the proofs of claim. The creditors filed responses in each case.
Ruling: 
Reasonable attorneys'fees for work related to filing a proof of claim were awarded, but the court required the creditors to show that they were oversecured before the fees were allowed.
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Candelario v. Centennial Healthcare Corp. (In re Centennial Healthcare Corp.)

Movant creditor filed a motion to extend the time to file an administrative expense claim and for relief from a discharge injunction. Respondent debtors, who leased and managed numerous nursing homes, contested the motions. The creditor, who claimed that her mother's death was attributable to negligent care while she was a patient in one of the nursing homes, filed her claim request after expiration of the filing deadline.
Ruling: 
Creditor was granted a motion to extend time to file an administrative claim and for relief from the discharge injunction since the creditor was not given notice of the filing and established excusable neglect for the delay in filing a claim.
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ETS Payphones Inc. v. AT&T Universal Card (In re PSA Inc.)

Plaintiff debtor filed the instant adversary proceeding against defendant bank, alleging that the payments made by a former employee of debtor to the bank were fraudulent transfers. Debtor sought to avoid and recover the transferred funds pursuant to 11 U.S.C. §§ 549 and 550. The bank moved for summary judgment under Fed. R. Civ. P. 56.
Ruling: 
Funds transferred by the debtor's former employee to a bank were recoverable by the debtor since the employee misappropriated the funds postpetition without authorization from the court.
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In re Epley

The debtor moved to convert her chapter 7 case to one under chapter 13 as well as on the motion of the chapter 7 trustee to sell property of the estate. The chapter 7 trustee objected to conversion.
Ruling: 
Debtor was denied motion to convert case to chapter 13 since debtor had insufficient income to propose a confirmable plan and, thus, the motion was filed in bad faith.
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In re Nuttall

Debtors, a husband and wife, filed an application for waiver of the chapter 7 filing fee for individuals who could not pay the filing fee in full or in installments pursuant to 28 U.S.C. § 1930(f).
Ruling: 
Debtors were granted a waiver of the filing fee based on a review of their income.
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