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Judge Timothy J. Mahoney (Retired)
Bluejay Lawn & Landscape, L.L.C. v. Mut. First Fed. Credit Union (In re Bluejay Lawn & Landscape, L.L.C.), Ch. 11, BK06-80874, A06-8104-TJM
The court denied the debtor's motion for summary judgment on the issue of avoiding the lender's liens on the debtor's vehicles because there were factual questions as to why the liens had not been perfected and which party was responsible for that.
E Bar V Angus Ranch Co., Ch. 12, BK87-801
For purposes of a Chapter 12 plan, the valuation date is the confirmation date. The Wichmann rate is the appropriate interest rate. Its 2% risk factor takes operating costs into consideration without the necessity of an individual analysis in each case
Dale & Rhonda Hansen, Ch. 7, BK88-936
Chapter 7 debtors have an absolute right under § 706(a) to convert their case to Chapter 13 if they are eligible for such relief. A creditor opposed to the conversion may object to plan confirmation or move for stay relief in the Chapter 13, if grounds ex
Brook Valley IV Joint Venture, Ch. 7, BK02-80974-TJM; Brook Valley VII Joint Venture, Ch. 7, BK02-80973-TJM
Defendants who operated as debtors in possession improperly bid at foreclosure sale of estate property, which under the circumstances breached their fiduciary duty. No sanctions, beyond extreme disappointment, were imposed on debtors' counsel.
Edward J. & Sarah J. Bruhn v. Western State Bank (In re Bruhn), Ch. 13, BK85-2966, A86-119
The court ruled against the plaintiff debtors in a fraudulent transfer action against a lender that sold their real estate at a trust deed sale, finding that the $30,000 sales price was reasonably equivalent to the fair market value of $35,000 to $40,000
Everett & Ethel Muck, BK87-80283, Ch. 11
Debtors missed a Chap. 11 plan payment, so creditor moved for relief from stay. Court found that automatic stay terminated upon confirmation, and further found that debtor couldn't modify the plan because it had been substantially consummated
Bradley & Roxie Yost, Ch. 7, BK02-82433-TJM
A pre-petition judgment that did not attach to any property did not become a lien. It was an unsecured claim as of the Chapter 7 petition date and was discharged and rendered void. It could not thereafter attach to property acquired post-discharge.
Estate of Joseph Papp, Jr. v. Roser (In re Papp International), A94-8129, BK94-81297, Ch. 11
After an extensive discussion of the nature of "suspension of corporate powers" under California corporate law, the court determined that the corporate judgment-holder had standing to file claim, but a shareholder did not
Bonnie McGinnis, BK99-82753, Ch. 13
Homestead exemption in travel trailer permitted because it was attached to utilities and therefore "permanently annexed" to the land
