Mar
21
2006
Nosek v. Ameriquest Mortg. Co. (In re Nosek)
Plaintiff debtor filed a motion pursuant to Fed. R. Civ. P. 59(c) and Fed R. Bankr. P. 9023 for reconsideration of the bankruptcy court's denial of her motion pursuant to Fed. R. Bankr. P. 7015(b) to amend the pleadings to conform to the evidence.
Ruling:
Motion to amend the pleadings was again denied since the debtor failed to allege any newly discovered eveidence, any error of law, or any change in the law.
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Feb
14
2006
In re Indus. Commer. Elec. Inc.
Movants, the debtors, a bank, and the official committee of unsecured creditors, sought entry of an order pursuant to 11 U.S.C. § 105(a), for approval of a settlement reached between the three moving parties. The IRS objected to the motion on several grounds, including the fact that the settlement would preclude the IRS from proceeding against the bank in a related district court proceeding.
Ruling:
Court denied a motion to approve a settlement since the movants'proposed order required the dismissal of an action filed by the IRS in another court.
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