Construction and Application of 11 U.S.C.A. § 1112(b)(4)(A), Providing for “Reasonable Likelihood of Rehabilitation” that Chapter 11 Debtor Must Have in Order for Substantial or Continuing Losses to Estate Not to Provide “Cause” for Dismissal or Conversion of Case A bankruptcy court considering whether to convert or dismiss a Chapter 11 case under 11 U.S.C.A….
Archives for 2015
Construction and Application of Phrase “With Respect to the Debtor” of Bankruptcy Code, 11 U.S.C.A. § 362(c)(3)(A), Terminating Automatic Stay of Execution for Debtors Commencing Second Bankruptcy
Construction and Application of Phrase “With Respect to the Debtor” of Bankruptcy Code, 11 U.S.C.A. § 362(c)(3)(A), Terminating Automatic Stay of Execution for Debtors Commencing Second Bankruptcy Where the interval between the dismissal of a debtor’s bankruptcy case and the debtor’s filing of a successive case is less than one year, 11 U.S.C.A. § 362(c)(3)(A)…
Construction and Application of 28 U.S.C.A. § 1412 Allowing Transfer of Bankruptcy Case or Proceeding in Interest of Justice or for Convenience of Parties
Construction and Application of 28 U.S.C.A. § 1412 Allowing Transfer of Bankruptcy Case or Proceeding in Interest of Justice or for Convenience of Parties A litigant may seek to have the bankruptcy case itself or a proceeding under the Bankruptcy Code (Title 11) transferred to another forum in the interest of justice or for the…
Prepetition Conduct by Debtor as Constituting “For Cause” Under 11 U.S.C.A. § 707(a) Permitting Dismissal of Chapter 7 Bankruptcy Petition
Prepetition Conduct by Debtor as Constituting “For Cause” Under 11 U.S.C.A. § 707(a) Permitting Dismissal of Chapter 7 Bankruptcy Petition A Chapter 7 bankruptcy case may be dismissed generally only for cause under 11 U.S.C.A. § 707(a). The question of what constitutes “cause” has often been litigated, especially with regard to a debtor’s alleged “bad…
Retired Detroit Police and Fire Fighters Association (the “RDPFFA”) files Motion for Enforcement of Settlement and Eighth Amended Plan of Adjustment
In re City of Detroit, Michigan United States Bankruptcy Court, E.D. Michigan, Southern Division. June 26, 2015 Slip Copy 2015 WL 3941240 This case is before the Court on a motion filed by the Retired Detroit Police and Fire Fighters Association (the “RDPFFA”), entitled “Motion for Enforcement of Settlement and Eighth Amended Plan of Adjustment,” (Docket # 9414, the…
Fraudulent transfer adversary proceeding goes awray
In re Kesteloot United States Bankruptcy Court, E.D. Michigan, Southern Division. June 30, 2015 Slip Copy 2015 WL 4040190 This is a. In the midst of a divorce, Debtor and his wife, Corrinne Smorra–Kesteloot (“Smorra”), stipulated to an order that Debtor’s 2012 employee bonus would be used to retire their credit card debt.
Debtor failed to plausibly state claim for violation of FDCPA’s prohibition on false, deceptive, or misleading representations.
In re Perkins United States Bankruptcy Court, W.D. Michigan. July 08, 2015 533 B.R. 242 2015 WL 4312313, Debtor failed to plausibly state claim for violation of FDCPA’s prohibition on false, deceptive, or misleading representations.