The breaking, obstructing, or straitening of a way. Termes de la Ley.
Bankruptcy Court for the District of Utah Court Cases
In Re Jass (2006)The matter before the Court is the Jasses' request for confirmation of their proposed chapter 13 plan. Specifically, the Court is called upon to determine whether the Jasses' "disposable income" as determined by their Statement of Current Monthly Income (Form B22C) is the same as "projected disposable income" as used in 11 U.S.C. § 1325(b)(1)(B). The Jasses contend that they should only be required to pay their unsecured creditors their "projected disposable income," while the chapter 13 [...]
Court: Bankruptcy Court for the District of Utah Docket: 05-80088
In Re Roberts (1985)These cases, consolidated for purposes of this opinion, come before the Court on two applications for allowance of interim compensation filed by the law firm of Roe & Fowler, attorneys for debtors in possession in both cases. Raised here is the recurring question of whether or not a law firm's representation of more than one party to a case creates a conflict of interest that warrants a disallowance or reduction in the legal fees and costs requested. For the reasons set forth below, the [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy Nos. 82C-01037, 82C-01038
In Re Cluff (2004)The Debtors in these claims objections proceedings (collectively the "Debtors") ask the Court to establish a bright line test to disallow unsecured claims because of a creditor's failure to attach to the claim the writing upon which the claim is based. The Debtors' do not object to the claims because they assert the amounts are not owed; instead they argue that the documentation attached to the claims, if any, does not fulfill the requirements of Fed. R. Bankr.P. 3001(c) and therefore the [...]
Court: Bankruptcy Court for the District of Utah Docket: 03-32779, 03-39152
In Re Hanks (2007)Paul and Jerilyn Hanks (Debtors) filed a petition under chapter 13 of the Bankruptcy Code as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), and confirmation of the Debtors' proposed chapter 13 plan is pending before the Court. Because of a change in employment, the Debtors' current income reflected on their Schedules I and J is substantially less than the income reflected on Amended Form B22C, and their proposed plan seeks to return a correspondingly [...]
Court: Bankruptcy Court for the District of Utah Docket: 06-22777
An unusual situation is presented in this proceeding. These are two thousand adversary complaints filed by the trustee against investors in a "Ponzi" scheme to recover alleged preferences and fraudulent conveyances. The proceedings were consolidated for trial by order of this Court. Defendants contend that the funds sought to be recovered by the trustee were impressed with a constructive trust in their favor and never became property of the debtors' estate, and thus are not recoverable by [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy Nos. 81A-02886, 81A-02887 and 81A-03704, Adv. No. 83PA-0986
In Re Curtis (1984)
This matter comes before the Court upon the motion of Stewart D. Burton, Dorothy B. Burton, Paul L. Wood and Cheren Wood (hereinafter "movants") to modify the automatic stay provided in 11 U.S.C. § 362(a) in order to join the debtors as defendants in a pending state court proceeding. A complete review of the record in this case and a weighing of all of the relevant factors indicates that relief from the stay should not be granted.
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 83A-02417
This matter is before the Court on the verified applications for allowance of interim compensation filed by co-counsel for the creditors' committee, the accountant for the debtor, and the accountant for the creditors' committee. The Court is called upon to decide (1) whether compensation for prepetition services rendered by the attorney for an unofficial creditors' committee and the accountant for the debtor is allowable as an administrative expense of the Chapter 11 case; (2) whether [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 83A-03391
In Re Fuger (2006)The matter before the Court is the continued hearing on confirmation of the Debtors' proposed chapter 13 plan. Specifically, the Court is called upon to determine whether the "applicable commitment period" in 11 U.S.C. § 1325(b)(1)(B) is a monetary or temporal requirement. As this matter presents an issue of first impression in light of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"), the Court elects to issue this Memorandum Decision. The Court determines that the [...]
Court: Bankruptcy Court for the District of Utah Docket: 06-20801
In Re Montoya (2006)Heather Montoya (Debtor) proposes a Chapter 13 plan in which she seeks to pay for a 1997 Mercury Tracer (Tracer) that she purchased within 910 days of filing her petition by bifurcating the secured claim under 11 U.S.C. § 506(a)(1), paying the secured value of the Tracer in full, and paying only a small percentage of the unsecured balance. Although the hanging paragraph found after § 1325(a)(9) now prohibits bifurcation under § 506(a)(1) in certain instances, the Debtor and the Chapter [...]
Court: Bankruptcy Court for the District of Utah Docket: 05B-80022
In Re Fawson (2006)These two Chapter 7 cases raise the issue of the extent of the Court's discretion regarding the automatic dismissal of a case pursuant to 11 U.S.C. § 521(i). The debtors failed to timely file all information required by § 521(a)(1), and no one sought an extension of the time to file the papers until more than 45 days after the petitions were filed. Because the Court finds that no discretion exists under the circumstances of Webster's and Fawson's cases, the untimely motions to extend time [...]
Court: Bankruptcy Court for the District of Utah Docket: 05-80224, 05-80217
In Re Lambert (1984)In this case, the court is asked to determine whether or not unsecured debts which are disputed by the debtor, should be added to the sum of noncontingent, liquidated, unsecured debt for purposes of determining Chapter 13 eligibility. Section 109(e) of the Bankruptcy Code requires that only "noncontingent" and "liquidated" debts be counted for eligibility purposes. For the reasons hereinafter set forth, it is the opinion of this court that a debt whose liability or amount is disputed is [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 82C-02143
In Re Booth (1982)
Debtor is a debtor in possession under Chapter 11. He is a broker and dealer in real property. His schedules show land worth $2,641,550, most of which has been bought or sold on contracts for deed.
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 80-00292
In Re Chivers (2002)
The pending cross motions for summary judgment necessitate a determination of two underlying issues: first, the meaning of the term "financial condition" as used in 11 U.S.C. § 523(a)(2)(B); and second, the interplay of Field v. Mans, 516 U.S. 59, 116 S.Ct. 437, 133 L.Ed.2d 351 (1995) and the tort of fraudulent misrepresentation with § 523(a)(2)(A).
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 99B-28291. Adversary No. 99PB-2573
In Re Calder (1988)The Court understands that the debtor, under this section, has a one-time absolute right of conversion of a liquidation case to a reorganization or individual repayment plan case. However, the Court also believes that it has both inherent and statutory authority to protect the integrity of this Court. Under 11 U.S.C. § 105(a) the Court is given the power to take any action or make any determination necessary or appropriate to prevent an abuse of process. For this Court to allow even an [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 86A-03558
On January 14, 1981, Alyucan Interstate Corporation (debtor), a construction and real estate development firm, filed a petition under Chapter 11 of the Code. On May 4, Bankers Life Insurance Company of Nebraska (Bankers Life), holder of a trust deed on realty owned by debtor, brought this action for relief from the automatic stay under Section 362(d). The complaint alleges that the realty secures a debt in the principal amount of $1,220,000 and that Bankers Life is not adequately protected. On [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 81-00089, Civ. No. 81-0383
In Re Richardson (1982)
This case requires the Court to decide whether 11 U.S.C. §§ 544(a)(3), 544(b), or 548(a)(2) permits a trustee to avoid a non-judicial foreclosure sale held under a Utah deed of trust. Central to the issue of avoidance under Section 548(a)(2) is whether the Court should follow Durrett v. Washington National Insurance Co., 621 F.2d 201 (5th Cir. 1980) or Lawyers Title Insurance Corp. v. Madrid (In re Madrid), 21 B.R. 424 (9th Cir. App. Pan. 1982).
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 82C-00736, Civ. No. 82PC-0746
In Re Callister (1981)Debtor, the sole proprietor of a trucking business, filed a petition under Chapter 11 on December 12, 1980. Ingersoll-Rand Financial Corporation (Rand), which holds a security interest in three tractors and two trailers, filed a complaint seeking relief from the automatic stay on January 2, 1981. A hearing was held January 23. At that time, the parties stipulated that the collateral was worth $129,000, that the debt owing was $106,248, and that debtor would pay $1,232 per month beginning [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 80-02605
In Re Warner (1980)The case of Warner v. Warner, governed by the former Bankruptcy Act, comes before the Court on a motion to dismiss brought by the defendant, Donna Warner, the former spouse of the bankrupt. The diverse issues raised in support of Donna Warner's motion to dismiss include issues common to the case of Long v. Long which arises under the present Bankruptcy Code. In the interest of justice and of judicial economy, the parties in Long were given opportunity to brief these common issues and these [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy Nos. B-78-00046, 79-01597, Civ. Proceeding No. 80-0024
In Re Martin (2007)
The matter before the Court is confirmation of the Debtors' proposed chapter 13 plan. The chapter 13 Trustee objected to confirmation arguing that the Debtors are not entitled to deduct monthly payments owing to a creditor secured by the Debtors' boat in calculating their monthly disposable income. The Court determines that the Debtors are permitted to deduct the payments for the boat but that they have not carried their burden to show their plan is proposed in good faith.
Court: Bankruptcy Court for the District of Utah Docket: 07-20209
In Re Butler (2006)Freelife International, LLC (Freelife) filed this denial of discharge adversary proceeding as part of its continuing effort to collect on several sanction judgments totaling approximately $1 million. Freelife alleges that after the last and by far the largest of these judgments was obtained, the Debtors David F. Butler and Colleen A. "Colli" Butler (collectively, the Butlers) engaged in an elaborate scheme to utilize various business entities and members of their immediate family to thwart [...]
Court: Bankruptcy Court for the District of Utah Docket: Bankruptcy No. 04-27637-JAB, Adversary No. 04-3012