Dec
30
2005
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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Dec
19
2005
Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Servs. Inc. (In re 360networks Inc.)
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant relocation service company, seeking to recover as preferential transfers payments made by the debtors to the company for the company's services under a contract to assist in relocating the debtors'employees. The parties'cross-moved for summary judgment with regard to the company's defenses under 11 U.S.C. §§ 547(c)(1), (2).
Ruling:
A company helping debtors relocate their employees did not show in a transfer avoidance proceeding that transfers were made in the ordinary course of business, but the court ruled that it was unclear regarding whether its services constituted contemporane
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Dec
13
2005
In re Korea Chosun Daily Times
Pursuant to 11 U.S.C. §§ 330 and 331, applicant debtor's former attorney sought compensation for his fees and expenses incurred in the debtor's chapter 11 bankruptcy case. The debtor objected to the fee application on the grounds that the attorney failed adequately to perform his services to the debtor and was an obstacle to numerous potential transactions.
Ruling:
Debtor's former attorney was awarded most of the requested fees and expenses since the records in support of the request were adequate and most of the fees and expenses were reasonable.
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Nov
22
2005
In re Fishwick
Debtor filed for chapter 13 bankruptcy protection. Because the debtor's prior chapter 13 filing was dismissed in the year prior to the date of the present filing, the debtor sought an extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling:
Court scheduled further hearing on debtor's application for automatic stay extension even though it appeared that debtor did not file in good faith.
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Oct
31
2005
In re Spiegel Inc.
Movant creditors sought leave to file an appeal or alternatively an enlargement of the time in which to file a notice of appeal of the bankruptcy court's decision denying their motion for reconsideration relating to the expungement of their claims against the chapter 11 debtors.
Ruling:
Creditors were denied leave to appeal since creditors failed to show sufficient reason for failing to timely appeal or establish any other excusable neglect factors.
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Oct
11
2005
Baron v. Klitchko (In re Klutchko)
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, the debtor and a corporation, alleging that the debtor's discharge should be denied under 11 U.S.C. § 727(a) for making a false oath, concealing property with the intent to hinder, delay, or defraud creditors, and failing to maintain and provide adequate financial records. The court conducted a bench trial.
Ruling:
Debtor was denied a discharge because the debtor intentionally and with fraudulent intent failed to disclose the debtor's consultant work performed for a corporation formed by the debtor's live-in companion.
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Sep
30
2005
In re Bridge to Life Inc.
Before the court was a motion filed by debtor styled as a request for "reinstatement" of its dismissed refiled chapter 11 case or, in the alternative, a stay pending appeal (the motion). The motion was deemed a motion for reconsideration under Fed. R. Civ. P. 59(e).
Ruling:
Motion for reconsideration of an order dismissing the debtor's refiled chapter 11 case was denied since the debtor had violated an injunction against refiling contained in the order dismissing the debtor's first chapter 11 case.
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Sep
30
2005
Genova v. ESM Realty Trust (In re Stoll)
Plaintiff, the chapter 7 trustee, sued defendants, two trusts and three individuals, including debtor, who each held a one-third interest in the trusts. The trustee alleged two causes of action. The first cause of action was for turnover of property of the bankruptcy estate pursuant to 11 U.S.C. § 542. The second sought a sale of the trusts'property pursuant to 11 U.S.C. § 363(h). The parties filed a motion for summary judgment.
Ruling:
Beneficiaries, including the debtor, were deemed joints tenants in common of the assets of a trust, and the trustee was permitted to sell the trust property to obtain the estate's interest in the trust.
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Sep
21
2005
In re Enron Corp.
Chapter 11 debtors objected to claimant's proof of claim.
Ruling:
Objection to a proof of claim for contractual damages was sustained where the Code required that damages'calculation be fixed as of a prefiling date not as of the actual contract rejection date, which was postfiling.
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Sep
15
2005
Goldschmidt v. Erickson (In re Erickson)
Movant, who was also a discrimination claimant in a state court, commenced an adversary proceeding alleging, inter alia, that a pregnancy discrimination claim of $500,000 brought in the state court was excepted from discharge pursuant to 11 U.S.C. § 523(a)(6). Movant sought relief from the 11 U.S.C. § 362(a) automatic stay. Debtor was the respondent.
Ruling:
Court granted individual with a state discrimination claim relief from the automatic stay to pursue that claim and saved for later dischargeability ruling on any judgment.
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