Caillouet v. Robinson (In re Robinson)
Nov
12
2015
Ruling
Trustee could not avoid mortgage in favor of debtors' relative that was subsequently transferred to LLC owned by irrevocable trust in favor of debtors' children.
Issue(s)
Could trustee avoid a note and mortgage executed in favor of a relative and subsequently transferred to an LLC owned by an irrevocable trust in favor of debtors' children?
ABI Membership is required to access the full summary of Caillouet v. Robinson (In re Robinson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Higley
Oct
09
2015
Ruling
Plan could not be confirmed until debtor demonstrated surrender of missing trailer or that creditor would be paid in full.
Issue(s)
Whether chapter 13 plan could be confirmed where a trailer securing a debt was missing and the debt was treated as unsecured in the plan?
ABI Membership is required to access the full summary of In re Higley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bates v. Selenberg (In re Selenberg)
Sep
21
2015
Ruling
Loan debt owed by attorney debtor was nondischargeable due to nondisclosures that violated the state rules of professional conduct.
Issue(s)
Was loan debt owed by attorney debtor nondischargeable due to false representations regarding ethical obligations?
ABI Membership is required to access the full summary of Bates v. Selenberg (In re Selenberg) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hotop v. Wells Fargo Bank N.A. (In re Hotop)
Jun
16
2015
Ruling
Debtors' interest in cause of action against lender abandoned by chapter 7 trustee became property of the estate upon conversion to chapter 13.
Issue(s)
Could debtors pursue a cause of action against a bank that had been abandoned by the chapter 7 trustee prior to conversion of the case to chapter 13?
ABI Membership is required to access the full summary of Hotop v. Wells Fargo Bank N.A. (In re Hotop) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Metz v. Bentley (In re Bentley)
Jun
03
2015
Ruling
Debt was dischargeable absent showing that financial information provided to investor was inaccurate.
Issue(s)
Was debt nondischargeable due to debtor's misrepresentations to creditor investor?
ABI Membership is required to access the full summary of Metz v. Bentley (In re Bentley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Estate of Wilder v. Card (In re Card)
May
14
2015
Ruling
Debt owed to debtor's former spouse's estate pursuant to divorce decree was nondischargeable.
Issue(s)
Was probate estate of debtor's former spouse entitled to a nondischargeable claim for debt owed pursuant to divorce decree?
ABI Membership is required to access the full summary of Estate of Wilder v. Card (In re Card) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kadoch
Apr
03
2015
Ruling
Home occupied by debtor subsequent to divorce was an exempt homestead and not subject to order for sale in divorce decree.
Issue(s)
Was debtor's homestead subject to a divorce court's order for sale?
ABI Membership is required to access the full summary of In re Kadoch Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McCloskey v. McCloskey (In re McCloskey)
Mar
05
2015
Ruling
Finding of nondischargeability of fees incurred by debtor's former spouse in child custody proceeding affirmed on reconsideration.
Issue(s)
Should denial of debtor's motion for summary judgment regarding former spouse's claim that debt for attorneys' fees incurred in a child support proceeding were nondischargeable be reversed on reconsideration?
ABI Membership is required to access the full summary of McCloskey v. McCloskey (In re McCloskey) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rapid-Torc Inc.
Dec
31
2014
Ruling
Bankruptcy court retained jurisdiction to enforce order barring postconfirmation suits against debtor by prepetition creditors.
Issue(s)
Whether two pre-petition creditors of debtor may sue two other pre-petition creditors of debtor post-confirmation in state court, or whether creditors' settlement with the purchaser of debtor or whether other orders of the court foreclose creditors' state case?
ABI Membership is required to access the full summary of In re Rapid-Torc Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Watt
Oct
15
2014
Ruling
Plan calling for vesting of title to collateral in secured lender at confirmation could be confirmed.
Issue(s)
Could plan call for surrender of property to secured creditor?
ABI Membership is required to access the full summary of In re Watt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: