In re Williams
Aug
09
2010
Ruling
Right to voluntary dismissal of chapter 13 case was not limited by alleged bad faith failure to disclose malpractice right of action.
Procedural posture
The Chapter 13 debtor moved to have her case dismissed, relying on 11 U.S.C.S. § 1307(b). The trustee moved to convert the case to one under Chapter 7, asserting that the debtor acted in bad faith by failing to initially disclose one of her assets, a medical malpractice lawsuit.
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Court
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Birriel v. Odeh (In re Odeh)
Jul
06
2010
Ruling
Altering medical records was not fiduciary fraud but malpractice claim would be nondischargeable on grounds of willful and malicious injury.
Procedural posture
Plaintiff, the sister and administrator of the estate of her brother, filed an adversary proceeding against defendant debtor, alleging that the debtor committed medical malpractice resulting in the brother's death and attempted to cover up his malpractice by altering the brother's medical records, making any debt the debtor owed nondischargeable under 11 U.S.C.S. § 523(a). The debtor moved to dismiss the complaint.
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Court
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In re Lorenzen
Jun
09
2010
Ruling
Trustee could not expand compensation limits by hiring professionals and utilizing broader scope of §330.
Procedural posture
Before the court was a request of an applicant, law firm for the chapter 7 trustee, for allowance and payment of final compensation and reimbursement of expenses. The firm requested fees of $ 2,412.50 but no costs.
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Court
:
- 11 U.S.C.
In re Champion Mfg. Indus.
Jun
09
2010
Ruling
Attorney fees allowed with reduction for "lumping" clerical work in with legal activities.
Procedural posture
Before the court was a request of an applicant law firm, attorneys for debtor, for allowance and payment of interim compensation and reimbursement of expenses. The firm requested fees of $ 50,105.00 and costs of $ 1992.96.
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Court
:
- 11 U.S.C.
G&G Peppers LLC v. Ebro Foods Inc. (In re Ebro Foods Inc.)
Feb
01
2010
Ruling
Food supplier's contract claim was a general unsecured claim where it did not provide proper notice under Perishable Agricultural Commodities Act to create a trust.
Procedural posture
Plaintiff creditor brought an adversary proceeding seeking an award of damages, including attorneys' fees and interest, for the debtor's breach of the parties' contract. The creditor also sought a turnover of trust funds under the Perishable Agricultural Commodities Act, 7 U.S.C.S. § 499a et seq. (PACA), to satisfy its claim.
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Court
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In re Johnson
Jan
23
2009
Ruling
Trustee's objection to confirmation overruled based on debtor's properly amended Form 22C.
Procedural posture
A chapter 13 trustee objected to confirmation of a debtors' plan on the grounds that the plan failed to devote all of the debtors' disposable income received during the applicable commitment period to the payment of unsecured claims, as required by 11 U.S.C.S. § 1325(b).
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Court
:
- 11 U.S.C.
Levin v. Greco (In re Greco)
Nov
20
2008
Ruling
Amounts owed to state child representative in debtor's divorce was not a domestic support obligation and was dischargeable.
Procedural posture
Plaintiff, an Illinois child representative, brought an adversary proceeding to determine the dischargeability of defendant debtor's outstanding obligation. The debtor was served with the complaint but had not answered or otherwise appeared in the adversary proceeding, and the representative moved for a default judgment, asserting that the debt was a domestic support obligation, non-dischargeable under 11 U.S.C.S. § 523(a)(5).
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Court
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In re Redmond
Dec
20
2007
Ruling
Debtor could not reopen case after four years to seek sanctions against mortgagee for misconduct in foreclosure action.
Procedural posture
A debtor had filed for relief under chapter 13, and the case had been closed. The debtor had attempted to reopen the case under 11 U.S.C. § 350(b) and after the court denied the motion, the motion was appealed to a district court. The district court remanded the matter with directions that full consideration be given to the factors for a motion to reopen.
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Court
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HSBC Bank USA v. United Air Lines Inc. (In re UAL Corp.)
Jan
22
2007
Ruling
Plan confirmation rendered creditor's argument for adequate protection moot.
Procedural posture
Chapter 11 secured creditor filed a motion pursuant to Fed. R. Civ. P. 59(e) to alter or amend the court's judgment, which determined the value of a security interest that creditor held in debtor's lease of maintenance space at an airport. Creditor sought an award of adequate protection pursuant to 11 U.S.C. § 363(e).
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Court
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Ungaretti & Harris LLP v. Steinberg (In re Resource Tech. Corp.)
Dec
04
2006
Ruling
Former chapter 11 trustee's counsel was not entitled to surcharge for services provided to perserve collateral prior to conversion to chapter 7.
Procedural posture
After conversion of a debtor's bankruptcy case from chapter 11 to chapter 7, plaintiff counsel to the former chapter 11 trustee, brought an adversary proceeding against defendant chapter 7 trustee in the converted case, claiming entitlement to payment for counsel's services from funds obtained in a prior settlement. The trustee moved for approval of a settlement which would provide a cash payment to counsel.
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Court
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