Category Archives: Uncategorized

Plan Discharge and Injunction Provisions: Creditors Beware

In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) – A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

IRS Lien Release: Does Release of A Lien Necessarily Mean That The Underlying Tax Liability Was Satisfied?

Lewis v. IRS (In re Lewis), 557 B.R. 233 (M.D. Ala. 2016) – A chapter 13 debtor objected to a proof of claim filed by the IRS on the grounds that a previously issued Certificate of Release of Federal Tax … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Bankruptcy Filing Veto: Better Follow the Playbook

In re Lake Michigan Beach Pottawattamie Resort LLC, 547 B.R. 899 (Bankr. N.D. Ill. 2016) – A mortgage lender moved to dismiss a chapter 11 bankruptcy case filed on the eve of foreclosure without the lender’s consent (in its role … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Plan Voting: Insiders – Do You Know One When You See One?

U.S. Bank N.A. v The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC), 814 F.3d 993 (9th Cir. 2016) – A secured creditor filed a motion to designate an unsecured creditor’s claim and disallow the creditor’s vote … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Discharge Injunction: Maybe It Works, and Maybe It Doesn’t

In re Sanchez, 545 B.R. 55 (Bankr. D.N.M. 2016) – Chapter 7 debtors reopened their bankruptcy case so that they could file a motion seeking sanctions against a trash collector for violating the discharge injunction. The court found that there … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

UCC Sales: Do Not Take the Sale Process for Granted

Morgantown Excavators, Inc. v. The Huntington National Bank (In re Godfrey), 537 B.R. 271 (Bankr. N.D. W. Va. 2015) – Two chapter 7 debtors sued a lender claiming violations of the Uniform Commercial Code (UCC) in connection with the lender’s … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Limited Liability Company: How Far Can a Member’s Trustee Reach?

Simon v. Miller (In re Miller Parking Co., LLC), 536 B.R. 197 (E.D. Mich. 2015) – Both a limited liability company and its sole member filed chapter 7 bankruptcy cases. The chapter 7 trustee for the sole member filed a … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment