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Judge Jack B. Schmetterer

Judge Timothy A. Barnes

In re LaVergne Briggs
August 30, 2012

12 B 14853
Upon the Mortgagee’s motion for relief from stay and, in the alternative, to dismiss, held: (i) the standards have been met to grant relief from stay pursuant to 11 U.S.C. § 362(d)(1) since the Debtor has not provided any evidence as to adequate protection other than the Debtor’s plan payments to the Chapter 13 Trustee, including a series of late payments made on the date of the evidentiary hearing; (ii) the Debtor had filed a total of ten individual bankruptcy cases during a period of seven years, generally timed to precede a state court foreclosure action or the appointment of a receiver; and (iii) grounds exists for the court to enter an in rem relief order pursuant to 11 U.S.C. § 362(d)(4), as the Debtor’s petition for bankruptcy was found to be part of a scheme to delay or hinder the mortgagee’s collection efforts.  Motion for relief from stay with in rem relief granted.

Judge Jacqueline P. Cox

Attorney Daniel A. Zazove and the Perkins Coie law firm filed a Motion and Application for Allowance of Compensation as Debtor's Attorney. Chapter 7 Trustee Steven Radtke and Robert Stein, a defendant in a related adversary, objected to Counsel’s Application for Compensation, arguing that subsequent to the entry of the retention order, Zazove and Perkins Coie received other compensation from an Assignee or Fifth Third Bank without leave of court as required by 11 U.S.C. § 330(a)(1). Mr. Zazove argued that those funds were for services rendered to the Assignee for the Benefit of Creditors, not the bankruptcy estate. Over Stein’s objection, the Court granted Counsel’s application for compensation. In the spirit of abstention, the Court declined to require the Assignee to submit to bankruptcy court jurisdiction after he was excused from the Section 543 delivery requirement. Bankruptcy Code Section 330(a)(1) governs compensation to professionals retained by a bankruptcy estate; it has no application to the payment of an assignee’s attorney for legal services rendered in the operation of an assignment for the benefit of creditors.

Judge A. Benjamin Goldgar

In re Sweports, Ltd.
August 15, 2012

12 B 14254

12 A 00338

Judge Donald R. Cassling

10 B 47833, 11 A 00443

Judge Eugene R. Wedoff