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In re Renaissance Hosp. -- Grand Prairie Inc.

A patient care ombudsman for chapter 11 debtors filed two applications pursuant to 11 U.S.C.S. § 105, § 330, and § 333, seeking court approval to employ the ombudsman's hospital management company as his advisor so that it could be paid from estate assets and to employ counsel to be paid from estate assets.
Ruling: 
Appointment of professionals to assist health care ombudsman approved.
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Commercial case opionion summary, case decided on December 31,2008, LexisNexis #0209-004

In re Mravik

The trustee, asked the court to dismiss debtor's chapter 7 petition for abuse under 11 U.S.C.S. § 707(b)(1), 707(b)(2), or 707(b)(3). At issue was whether debtor's ongoing contribution to a so-called "I.R.C. § 457" pension plan sponsored by her public employer constituted "abuse" authorizing dismissal of her petition.
Ruling: 
Debtor's ongoing contribution to 457 pension plan did not require dismissal for abuse.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-080

In re Lowery

Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
Ruling: 
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-026

In re Dovetail Inc.

A creditor filed a motion, pursuant to Fed. R. Civ. P. 12(b)(6) and 11 U.S.C.S. § 1112(b), to dismiss a debtor's small business chapter 11 case for cause.
Ruling: 
Dismissal for failure to file plan denied as not in best interests of creditors.
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Commercial case opionion summary, case decided on December 31,2008, LexisNexis #0409-129

In re Frankfort Tower Indus. Inc.

In a consolidated proceeding, the debtors sought relief under chapter 11 of the Bankruptcy Code and a plan of reorganization was confirmed. The debtors'disbursing agent filed a notice of intent to commence a fourth interim distribution, and the official creditors'committee objected to the notice.
Ruling: 
Creditors'committee's objection to interim distribution overruled as creditors were bound by terms of confirmed plan.
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Commercial case opionion summary, case decided on December 30,2008, LexisNexis #0209-139

In re Wait

The chapter 7 trustee objected to the debtor's claim of a homestead exemption under Iowa Code §§ 499A.18, 561.16, 561.19, and 561.20. The debtor moved for abandonment of property, asserting that the mortgage encumbering the property was an executory contract under 11 U.S.C.S. § 365(d)(1), and because the trustee did not assume or reject it, it was deemed rejected.
Ruling: 
Mortgage is not an executory contract and need not be assumed or rejected by trustee.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-006

Parker v. Pettigrew (In re Osterwalder)

Plaintiff trustee filed an adversary proceeding against defendants, an attorney and the professional businesses for which he worked, alleging a legal malpractice claim. The trustee's claims arose out of the attorney's legal representation of the debtor in the underlying chapter 7 bankruptcy case and an earlier chapter 11 bankruptcy case. The trustee moved for default judgment under Fed. R. Civ. P. 55, made applicable by Fed. R. Bankr. P. 7055.
Ruling: 
Default judgment granted to trustee in legal malpractice proceeding against debtor's attorneys.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-026

French v. Cahill (In re Cahill)

Defendant debtors filed a petition under chapter 7 of the Bankruptcy Code and plaintiff trustee was appointed to represent the bankruptcy estate. The trustee filed an action against the debtors, seeking a judgment declaring that an Economic Stimulus Rebate (ESR) in the amount of $ 1,200 the debtors received from the government was property of the debtors'bankruptcy estate. The trustee filed a motion for summary judgment.
Ruling: 
Economic stimulus rebate was property of the estate as debtor filed petition after effective date of Stimulus Act.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-119

In re Michaud

In three chapter 13 cases, the trustee objected to confirmation of the debtors'chapter 13 plans on the grounds that the debtors were not using all of their disposable income to fund their chapter 13 plans, as required by 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Confirmation denied due to debtor's failure to devote income tax refund to plan.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-130

Bedra v. Direct Loan Serv. Sys. (In re Bedra)

Plaintiff debtor filed a complaint to determine the dischargeability of a student-loan obligation under 11 U.S.C.S. § 523(a)(8). Defendant creditor/bank field a motion for summary judgment. Although the debtor requested and was then granted an extension of time in which to respond, no response was filed.
Ruling: 
Debtor granted additional extension of time to respond to student loan creditor's motion for summary judgment due to possible oversight of counsel.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-027

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