Creditor's post-petition repossession of debtor's vehicle and refusal to return it until ordered to do so was a willful violation of the automatic stay, and was egregious enough to warrant imposition of sanctions in the form of punitive damages
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Debtor filed bankruptcy just as City prepared to demolish one of his properties pursuant to a condemnation order. City's actions are excepted from the automatic stay under 362(b)(4). Debtor did not meet the Dataphase factors for a TRO to stop the City.
Debtors created a trust pre-petition, but did not complete transfer of corporate stock into it until after filing the bankruptcy case. They believed the stock had been transferred, & acted accordingly. Court found no fraud or concealment of assets
State court judgment against debtor & debtor's management for conspiracy to defraud led to the filing of this case, but it doesn't require the company to be run solely for the benefit of the judgment creditor. No cause currently exists to appoint trustee
Debtor sold insurance policies for Amoco. Some policies were cancelled & those premiums refunded. Parties' agreement didn't require debtor to pay back commissions earned on refunded premiums. Also, Amoco had no cause to terminate the parties' contract
The parties had two separate contracts. The construction liens filed under the second contract were subject in priority to previously filed deeds of trust. There is no evidence to support equitable subordination in favor of the construction liens
Proposed plan modification is not confirmable because the debtor's method of valuing the portion of a claim secured by real property remaining after surrendering most of the property to the creditor may negatively affect the creditor's rights
Debtors sought to enjoin Ford Motor Credit from repossessing their car after Ford obtained relief from the stay to do so. The court denied the injunction, finding that debtor's purported lack of notice did not demonstrate that their interests were harmed
Richman Gordman Stores, Inc., BK92-81073, Ch. 11 (motion to appoint creditors' committee) 10/27/1992
One creditors' committee was appointed for three consolidated debtors. Creditor's motion to appoint a separate committee for this debtor was denied, because there was no evidence the existing committee didn't adequately represent this creditor's interest
Debtor may hold onto cash collateral in an interest-bearing account, in case he needs it to fund his plan of reorganization. He cannot use the money without order of the court or agreement of the creditor