Feb
28
2008
Smith v. Shearman & Sterling (In re BCE West LP)
Plaintiff chapter 11 Plan Trustee filed an adversary proceeding against defendant law firm seeking to avoid a payment under 11 U.S.C.S. § 547. The law firm was hired by a special committee of the board of directors of the debtor to advise it in connection with a proposed merger and roll up transaction. The law firm asserted that the payments were made in the ordinary course of business under 11 U.S.C.S. § 547(c)(2).
Ruling:
Payments to law firm for one transaction were not avoidable as made in the ordinary course of business as consistent with debtor's payments to other professional service providers.
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Commercial case opionion summary, case decided on February 28,2008, LexisNexis #0408-067
Feb
27
2008
In re Chalakee
Creditors filed proofs of claim asserting that bankruptcy debtors owed credit card debt to the creditors, and the debtors objected to the creditors' claims on the ground that the amounts claimed to be owed were disputed.
Ruling:
Debtors' objections to creditors' proofs of claim for credit card debt overruled.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-008
Feb
27
2008
In re Shankman
The debtor, who already had a chapter 7 case pending, filed a chapter 13 petition. The chapter 7 trustee and the primary secured creditor moved for the dismissal of the newly filed chapter 13 case. The debtor requested that the motions to dismiss be denied, and alternatively moved to convert his pending chapter 7 case to one under chapter 13 pursuant to 11 U.S.C.S. § 706(a).
Ruling:
Debtor who filed chapter 13 case while original chapter 7 case was pending allowed to convert chapter 7 case to chapter 13 after dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-011
Feb
27
2008
Parks v. FIA Card Serv. (In re Marshall)
Appellant trustee challenged a final order and judgment wherein a bankruptcy court designated transfers of the debtors made within the 90 day avoidable period provided under 11 U.S.C.S. § 547(b) to fail to qualify as a "transfer of interest in property." Consequently, the disputed transfers were excluded from the bankruptcy estate. The trustee contended that the disputed transfers were preferential.
Ruling:
Bankruptcy court properly held that bank to bank transfers of credit were not preferential.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0308-136
Feb
27
2008
In re Brian Wise Trucking Inc.
A debtor filed for relief under chapter 11. A creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d). After a trial , the court ordered payments of $682 per month and found that the collateral was necessary to the reorganization. The parties were asked to submit briefs on issues that were pending after trial.
Ruling:
Relief from stay not necessary after additional adequate protection payments were ordered.
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Commercial case opionion summary, case decided on February 27,2008, LexisNexis #0508-109
Feb
27
2008
In re Shea
A debtor requested an expedited hearing on her motion to extend the automatic stay beyond the 30-day period in 11 U.S.C.S. § 362(c)(3)(A).
Ruling:
Motion to extend stay filed one day after expiration of 30-day period denied.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-006
Feb
27
2008
In re Kalata
A bankruptcy debtor proposed a chapter 13 plan which had a negative monthly income after deducting future payments on a secured claim for the debtor's residence. The bankruptcy trustee objected to confirmation of the debtor's plan on the ground that the debtor surrendered his residence to the secured creditor and thus would not make the future payments.
Ruling:
Objection to confirmation sustained due to debtor's failure to commit all disposable income to plan.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-023
Feb
27
2008
In re Engles
When a reaffirmation agreement for a vehicle loan was not executed or filed by a creditor, that debt was discharged. The debtors filed a motion for relief from the discharge order under Fed. R. Civ. P. 60(b)(1) or (6) and Fed. R. Bankr. P. 9024 and a request for approval of the reaffirmation agreement.
Ruling:
Debtors could not obtain revocation of own discharge.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-017
Feb
27
2008
In re McFadden
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code. A chapter 13 trustee filed a motion to dismiss, pursuant to 11 U.S.C.S. § 1307, on the grounds that the filing was done in bad faith and that the filing caused unreasonable delay and was prejudicial to creditors.
Ruling:
Non-filing spouse's return to work was not sufficient change in circumstances to establish good faith in sixth case of a serial filer.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-056
Feb
27
2008
In re Grant
A bankruptcy debtor moved to convert his case from chapter 7 to chapter 13, and the trustee and a creditor objected to conversion on the ground that the debtor was not seeking conversion in good faith.
Ruling:
Conversion to chapter 13 denied due to debtor's bad faith.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-048