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Citation: 214 B.R. 473 | Docket No.: 19-10629
Status: Published | Citing: 4
Summary: 214 B.R. 473 (1997) In re Phillip S. HENDRY and Vicky L. Hendry, Debtors. Hearing was held October 8, 1997, on debtor Vicky L. Hendry's motion to show cause for violation of the automatic stay filed against Reliable Stores, Inc. t/a Morton's Jewelers ("Morton's"). ORDER Hearing was held October 8, 1997 on debtor Vicky L. Hendry's motion to show cause for violation of the automatic stay filed against Reliable Stores, Inc., t/a Morton's Jewelers. IT IS FURTHER ORDERED that a hearing on the debtor'......read more.


Citation: 50 B.R. 598 | Docket No.: 13-14102
Status: Published | Citing: 24
Summary: 50 B.R. 598 (1985) In re BOB GRISSETT GOLF SHOPPES, INC., Debtor. STATEMENT OF THE LAW Payment of administrative expenses traditionally has been the responsibility of the debtor's estate, not its secured creditors. The purpose of the section is to allow for recovery of expenses from a secured party "[a]ny time the . . . debtor-in-possession expends money to provide for the reasonable and necessary costs and expenses of preserving or disposing of a secured creditor's collateral. . . ." 124 Cong.R......read more.


Citation: 377 B.R. 156 | Docket No.: 19-10667
Status: Published | Citing: 30
Summary: 377 B.R. 156 (2007) In re Ellen Lucille VERNON-WILLIAMS, Gerald & Vicki Doelling, Jimmy & Deborah Pyles, Geraldine Bessie Markins, Michael Lee Lipscomb, Jr., Thomas D. Childrey, IV, A'braham Barakhyahu, Carrol & Melinda Wood, Zoe Laquanda Jarrell, Mary Lou Ann Ranicki, Celestine Berryman, Debtors. *157 *158 *159 Deanna H. Hathaway, G. Russell Boleman, III, Patrick Thomas Keith, Sharon Choi Stuart, Butch Fernandez Cabreros Laura Taylor Alridge, Mark C. Leffler, Julia Bonham Adair, Stuart Salmon, ......read more.


Citation: 164 B.R. 730 | Docket No.: 19-70747
Status: Published | Citing: 17
Summary: 164 B.R. 730 (1994) In re Thomas Hee CHO and Kil Ja Cho, Debtors. Samuel W. STEELE and Carol J. Steele, Plaintiffs, v. Thomas Hee CHO and Kil Ja Cho, Defendants. Findings of Fact This is substantially a single asset Chapter 11, the debtors, Thomas Hee Cho and Kil Ja *732 Cho, ("The Debtors") being the owners and operators of a motel and restaurant on a 3.481 acre parcel of land in King George County, Virginia. Though there is no dispute about the debtors' lack of equity in the real estate, the d......read more.


Citation: 257 B.R. 784 | Docket No.: 19-31101
Status: Published | Citing: 10
Summary: 257 B.R. 784 (2001) In re NATIONAL SPA & POOL INSTITUTE, Debtor. Seeking compensation for his injuries, he sued National Spa & Pool Institute ("National Spa"). National Spa developed and published voluntary safety standards for the design and construction of swimming pools which were relied upon in the construction of the pool in which he was injured. National Spa appealed the judgment, and, in order to preserve its financial integrity, filed a voluntary petition pursuant to chapter 11 of the Ba......read more.


Citation: 222 B.R. 272 | Docket No.: 19-70334
Status: Published | Citing: 9
Summary: 222 B.R. 272 (1998) In re Victor OLIVER, Debtor. The issue raised by this case is whether the money held by the Trustee should be returned to the debtor or distributed to the debtor's creditors, and whether the debtor's attorney should be paid her attorney's fees and expenses from the funds. Section 330(a)(4)(B) provides "[i]n a . . . chapter 13 case in which the debtor is an individual, the court may allow reasonable compensation to the debtor's attorney representing the interests of the debtor......read more.


Citation: 142 B.R. 126 | Docket No.: 19-70049
Status: Published | Citing: 26
Summary: 142 B.R. 126 (1992) In re Allen Warren SCOTT, Debtor. FINDINGS OF FACT Allen Warren Scott ("debtor") filed a Chapter 13 petition in bankruptcy on October 2, 1991. At issue is the debtor's intention to exclude from his monthly disposable income the sum of $790.36 and to make a direct payment in this amount to the Philip Morris Deferred Profit Sharing Plan (the "ERISA Pension Plan"), in order to pay back money debtor withdrew from his ERISA Pension Plan account. On June 11, 1990, the debtor withdr......read more.


Citation: 397 B.R. 348 | Docket No.: 17-50922
Status: Published | Citing: 17
Summary: 397 B.R. 348 (2008) In re Tessa Elena BERGMAN, Debtor. Michael L. Buesgens, Plaintiff v. Tessa Elena Bergman, et al., Defendants. Background Tessa Elena Bergman ("the debtor") filed a voluntary petition in this court on February 19, 2008, for adjustment of her debts under chapter 13 of the Bankruptcy Code. After the motion to intervene was denied by Judge Mayer on July 31, 2008, Buesgens filed a notice of appeal on September 2, 2008 (but did not pay the required filing fee). Ingersoll-Rand Finan......read more.


Citation: 406 B.R. 717 | Docket No.: 97-15568
Status: Published | Citing: 27
Summary: 406 B.R. 717 (2009) In re Gerard Rene ADAM, II, Debtor. Branch Banking & Trust Company, Plaintiff, v. Gerard Rene Adam, II, Defendant. Branch Banking & Trust Company made three loans to two entitities owned by Gerard Rene Adam, II, and guaranteed by him. Section 523(a)(2)(B) states: (a) A discharge under section 727 . . . of this title does not discharge an individual debtor from any debt — . . . (2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent......read more.


Citation: 253 B.R. 193 | Docket No.: 19-70313
Status: Published | Citing: 16
Summary: 253 B.R. 193 (2000) In re Ronald Bennett HOEKSTRA, Linda Turney Hoekstra, Debtors. Ronald Hoekstra, et al., Plaintiffs, v. Oak Cluster Community Council, et al., Defendants. Ronald and Linda Hoekstra, who are husband and wife, filed a voluntary petition under chapter 13 of the Bankruptcy Code in this court on May 6, 1999.


Citation: 148 B.R. 799 | Docket No.: 18-51697
Status: Published | Citing: 16
Summary: 148 B.R. 799 (1992) In re WILLIAMS CONTRACT FURNITURE, INC., Debtor. FINDINGS OF FACT Williams Contract Furniture, Inc. ("debtor") is a wholesale and retail office furniture business. For example, when the trustee commences an adversary proceeding based on a right of action which the debtor had and which passed to the trustee in bankruptcy, such as a breach of contract claim, if the defendant has a counterclaim against the debtor the compulsory counterclaim rules apply. Section 303(f) provides a......read more.


Citation: 364 B.R. 207 | Docket No.: 06-10607-RGM
Status: Published
Summary: 364 B.R. 207 (2007) In re Janet THOMAS, Debtor. THIS CASE is before the court on the motion for relief from stay filed by Wells Fargo Bank, the responses filed by the debtor and the trustee, and the draft consent order submitted by the parties. The court must be concerned, not only with the rights of Wells Fargo which holds a claim secured by the debtor's home, but also all unsecured creditors in this case. The court's provisions modify the automatic stay to impose explicit requirements upon the......read more.


Citation: 146 B.R. 687 | Docket No.: 19-10436
Status: Published | Citing: 10
Summary: 146 B.R. 687 (1992) In re John R. PFLUG, Jr., Debtor. Robert R. Staton, Paul R. Webber, IV, Thompson, Hine and Flory, Washington, D.C., Roy B. Zimmerman, Alexandria, Va., for debtor. Along with the debtor's initial request for the trustee to file a tax return, the debtor tendered various payments to the trustee. The debtor argues that the chapter 7 trustee is clearly required by Internal Revenue Code and recent case law to file 1991 income tax returns for the bankruptcy estate. 2d 196 (1992), In......read more.


Citation: 149 B.R. 812 | Docket No.: 16-30893
Status: Published | Citing: 7
Summary: 149 B.R. 812 (1993) In re WHITTAKER MEMORIAL HOSPITAL ASSOCIATION, INC. d/b/a Newport News General Hospital, Debtor. The Secretary of Housing and Urban Development ("HUD"), a creditor of Whittaker Memorial Hospital Association, Inc. ("Debtor"), objected to the confirmation of the debtor's amended Chapter 11 plan of reorganization. Whittaker Memorial Hospital Association, Inc., a Virginia nonstock, membership corporation,[1] owns and operates the medical facility known as Newport News General Hos......read more.


Citation: 244 B.R. 79 | Docket No.: 16-33274
Status: Published | Citing: 20
Summary: 244 B.R. 79 (2000) In re Kathleen D. MOSBY, Debtor. *80 *81 Stephen J. Sheehy, III, Annandale, VA, for Kathleen D. Mosby. Facts A. Kathleen D. Mosby, Case No. 99-11319. Kathleen D. Mosby, a self-employed clinical psychologist, filed a voluntary chapter 7 petition in this court on March 16, 1999. Nevertheless, as a threshold issue, the court must determine whether there is indeed anything in the language or structure of the Bankruptcy Code that actually prohibits a debtor from obtaining confirmat......read more.


Citation: 319 B.R. 447 | Docket No.: 19-10423
Status: Published | Citing: 42
Summary: 319 B.R. 447 (2004) In re HEILIG-MEYERS COMPANY, et al., Debtors. Heilig-Meyers Company, et al., Plaintiffs, v. Wachovia Bank, N.A., f/k/a First Union National Bank and as successor by merger to Wachovia Bank, N.A., both as agent and individually; Wachovia Securities, Inc., f/k/a Wachovia Capital Markets, Inc.; Bank of America, N.A.; Crestar Bank; SunTrust Bank; The Fuji Bank, Ltd.; First Chicago, f/k/a The First National Bank of Chicago; Credit Lyonnais, New York Branch; The Bank of Tokyo-Mitsu......read more.


Citation: 166 B.R. 615 | Docket No.: 19-70436
Status: Published | Citing: 9
Summary: 166 B.R. 615 (1994) In re Ray Charles WILLIAMS, Debtor. Alleging that the equity in the collateral is insufficient to satisfy the NationsBank third position judgment lien, the debtor asks this Court, through confirmation of the plan, to declare the judgment lien in favor of NationsBank avoided, and to allow the debtor to make payments only to the first deed of trust holder and prior judgment lienholder. The debtor contends that the Supreme Court's holding in Nobelman is limited to claims secured......read more.


Citation: 320 B.R. 587 | Docket No.: 18-74539
Status: Published | Citing: 7
Summary: 320 B.R. 587 (2005) In re FAS MART CONVENIENCE STORES, INC., et al., Debtors. Each of Amoco's proofs of claim were identical and alleged that Amoco held a § 507(a) priority claim against debtors Fas Mart Convenience Stores, Inc., et al., for $5,100,000.00 plus interest and fees. First, Amoco argued that it had an administrative and a secured claim against debtors derivative of the claims of an entity affiliated with debtors, Fas Mart Petroleum ("FMP"). Mr. Dagra established several of the debtor......read more.


Citation: 423 B.R. 108 | Docket No.: 19-30452
Status: Published | Citing: 86
Summary: 423 B.R. 108 (2010) In re Justin N. WOOTEN, Alicia L. Wooten, Debtors. Ocean Equity Group, Inc., Plaintiff, v. Justin N. Wooten, Defendant. This matter came on for trial on the complaint of Ocean Equity Group, Inc. ("Ocean Equity") to determine the dischargeability of a certain debt owed to Ocean Equity by the debtor, Justin N. Wooten ("Wooten"), pursuant to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(2)(B), and 523(a)(6). Wooten submitted a Funding Application ("Application")[2] that he executed, which l......read more.


Citation: 157 B.R. 5 | Docket No.: 19-31050
Status: Published | Citing: 12
Summary: 157 B.R. 5 (1993) In re Daved G. THORSTED, Debtor. The creditor alleges that the Chapter 13 plan of David G. Thorsted (the "debtor") filed April 17, 1993, fails to cure default on a secured claim and improperly modifies the rights of a holder of a secured claim secured only by a security interest in real property that is the debtor's principal residence in violation of 11 U.S.C. § 1322(b)(2) and (b)(5). The debtor's former wife, Maria L. Thorsted, filed a Chapter 7 petition in July 1991 and rece......read more.