Sheila Jud, BK98-83274, Ch. 7
Diamond ring is not exempt as "wearing apparel" but can be exempt as an "immediate personal possession." The portion of a tax refund attributable to pre-petition earnings is property of the estate
Diamond ring is not exempt as "wearing apparel" but can be exempt as an "immediate personal possession." The portion of a tax refund attributable to pre-petition earnings is property of the estate
Debtor sometimes paid late on its equipment lease. Pre-petition, the lessor declared the debtor in default and demanded return of the equipment. The court found that the pre-petition termination was effective & the property was not property of the estate
Debtor's disclosure statement is denied approval for insufficiencies including: lack of consent for the subordination of the secured creditors's claims, lack of classification of indemnification claims, lack of necessary factual details, etc.
A mortgage company did not have a right to be awarded miscellaneous costs and fees, such as inspection fees and late charges, as part of its motion for relief concerning delinquent payments unless it had submitted evidence in support of those charges.
Court grants motion for stay pending appeal of three orders granting a compromise between debtor and three insurers allowing the insurers to pay proceeds of policies owed to debtor and enjoining any party from bringing a claim against insurers.
The debtor is a securities broker/dealer. In arbitration involving certain employees to establish "control person liability," the employees are entitled to automatic stay protection under § 362(a)(3) due to their close identity with the debtor.
An injunction enjoining all actions related to the sale or purchase of products manufactured by the debtor was extended for 90 days. With permission, claimants could proceed against entities not having co-insurance or indemnification rights.
The bank's purported "abandonment" of its security interest to another creditor did not assign or release its perfected security interest, so the trustee was obligated to turn proceeds and personal property over to the bank as the secured party.
The court granted the defendants' motion to dismiss the adversary complaint. The debtor failed to state claims against any of the defendants. Instead, it appeared debtor was attempting to collaterally attack an order granting relief from the stay.
Chapter 13 debtor's post-petition, pre-conversion employment termination grievance & back pay award don't become property of the Chapter 7 bankruptcy estate unless the case was converted in bad faith. Financial hardship alone isn't bad faith.