Releases, Exculpation, Injunction, and Deemed Consolidation Provisions in Chapter 11 Plan

Marital Adjustments to CMI, Below-Median Projected Disposable Income Calculation, and Good Faith in Chapter 13 

Motion to Determine Fees, Expenses, and Charges Pursuant to Rule 3002.1(e) re fees charged for notices of payment change for adjustable rate mortgage

25bk12829
The Debtor filed its second chapter 11 petition in two years. The prior case was dismissed for lack of authority to file. There is again a lack of authority to file in the present case, which the court dismisses under Section 1112(b) of the Code. The court found cause to...

13bk1431, 13ap1431
Plaintiffs filed an adversary complaint seeking loans it made to Debtor nondischargeable under 523(a). Plaintiffs also sought to pierce the corporate veil to make Debtor personally liable. The court found Dr. Siragusa’s claim dischargeable because he filed his...

22-80370
Stay relief granted to chapter 13 debtor's ex-spouse for limited purpose of returning to state divorce court to request a qualified domestic relations order to effectuate distribution of interest in retirement account awarded under dissolution of marriage judgment entered...

25bk10807
Upon an objection to the confirmation of the debtors’ chapter 13 plan, wherein the creditor alleged that the debtors’ “surrender” of property in a previous bankruptcy case under section 1325(a)(5)(C) of the United States Bankruptcy Code and receipt of a discharge did not...

21bk08123
On a motion by the reorganized debtor seeking to reopen its closed bankruptcy case to file a complaint and commence an adversary proceeding against a former board member seeking damages for alleged breaches of fiduciary duties and for other, related relief, held:  A...

25 B 3165
Creditor Elequin Securities, LLC filed a motion to dismiss Debtor’s chapter 7 case under 11 U.S.C. §§ 707(a) and 707(b) alleging that 1) Debtor, in bad faith, unjustifiably refused to pay his debts and 2) his debt was primarily consumer debt and therefore the requirements of...