Reported at 31 B.R. 97. Debtor entered into a retail installment sales contract with seller, which included a five-year limited warranty of repair or replacement. The warranty was not a substantial enough obligation to render the contract executory
Reported at 4 B.R. 655. The opinion establishes the requirements for creditor election of a trustee under section 702 and it sets out a formula by which to calculate the proper amount of unsecured and undersecured claims necessary for such an election
Secured creditor showed sufficient cause under section 1112(b) to convert this Chapter 11 case to Chapter 7 due to the continuing loss and diminution of the estate by its officers & directors to the extent that reorganization of the debtor was unlikely
The district court dismissed two of the debtors' appeals as moot, and dismissed the third appeal on the grounds that the bankruptcy court's denial of the debtors' motion to impose sanctions for violating the automatic stay was not clearly erroneous.
BAP opinion affirming decision that avoided fraudulent transfers and allowed trustee to recover fees for pursuing the action. Trustee's section 544(b) right is determined as of the petition date. Trustee may recover the entire fraudulent transfer
County did not receive notice of this case until after the claims bar date had passed, so its proof of claim for real and personal property taxes was filed late. Over objection, the claim is allowed under section 726(a)(1) and/or 726(a)(2)
The district court affirmed the bankruptcy court order granting relief from stay because the debtors failed to object or appear at the hearing. The district court found that debtors had been provided with appropriate notice of the stay-relief hearing
On appeal, the district court affirmed the order approving the receiver's final report and granting a discharge. Debtor's attorney's objection that he was owed money for professional services was overruled because he hadn't filed a fee application
Reported at 31 B.R. 97. Debtor entered into a retail installment sales contract with seller, which included a five-year limited warranty of repair or replacement. The warranty was not a substantial enough obligation to render the contract executory
The parties disputed the amount due to the debtor on a contract to raze a building and construct a new one. The evidence was insufficient to support the debtor-plaintiff's contention regarding the amount the defendant was to pay for the project
