Court denied debtor's application to employ its pre-petition accountant, who is a creditor, as the DIP accountant because section 327(a) is clear that professionals who are not disinterested are disqualified from employment on behalf of the estate
Because it was not clear whether the jurisdictional basis for filing an involuntary Chapter 7 petition had been met, nor whether the petition had been filed in good faith, the court ordered the petitioning creditors to post a bond to protect the debtor.
The court dismissed most of the claims in the debtors' adversary complaint for failure to state a claim upon which relief could be granted. Many of the allegations either collaterally attacked final judgments or failed to state a proper cause of action.
Debtor transferred his interest in real estate to his wife in a previous bankruptcy case. As a result, he holds no legal or equitable interest in the property which could be considered property of the estate in this case; automatic stay doesn't apply
After a trial upon remand, the court determined the scope and valuation of the debtor's fixtures, the extent and priority of competing security interests in said fixtures, and the appropriate distribution of sale proceeds among secured creditors.
The movants held a land contract with the debtor and an order of possession from the state court. That order was final and the movants were entitled to possession. However, the land contract was property of the estate and subject to possible avoidance.
After a trial, the court determined the amounts the debtors were owed for pasture rent, feed, and trucking in caring for another's cattle, how much the bill should be reduced for excessive death losses, and the applicable pre-judgment interest rate.
Court denied U.S. Trustee's section 707(b) motion to dismiss for substantial abuse because the debtors were capable of paying only 38 percent of their unsecured debt in a Chap. 13 case, which the court said falls short of "substantial abuse"
A contract consisting of a stock sale agreement and assignment of contract, secured by a deed of trust, was not ambiguous, and therefore reference to parol evidence to gauge the intent of the parties at the time of making the agreement was unnecessary
About six months after filing the case, the debtor was granted an extension of the exclusivity period for filing a Chapter 11 plan and disclosure statement after showing cause for a decline in revenue and a recent improvement in revenue and operations.
