- 11 U.S.C.
Anstine v. Barclays Bank Del. (In re Strauss)
Mar
16
2015
Ruling
Preference period credit card payments made in the ordinary course of business were not avoidable.
Issue(s)
Was trustee entitled to recovery of prepetition payments made to creditor bank towards the debtor's combined credit card balance?
ABI Membership is required to access the full summary of Anstine v. Barclays Bank Del. (In re Strauss) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Knopp v. Ledesma (In re Ledesma)
Feb
19
2015
Ruling
False representations by debtor tenant was not grounds for nondischargeable debt where creditor landlord's reliance was not reasonable.
Issue(s)
Were misrepresentations by debtor tenant on which creditor landlord relied grounds for nondischargeable debt?
ABI Membership is required to access the full summary of Knopp v. Ledesma (In re Ledesma) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
In re Symka Inc.
Oct
17
2014
Ruling
Debtor's motion for trustee to be ordered to show cause dismissed as premature.
Issue(s)
Whether the court should grant debtor's motion for an order to show cause directed to the chapter 7 trustee.
ABI Membership is required to access the full summary of In re Symka Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Arenas
Oct
16
2014
Ruling
Stay pending debtor marijuana grower's appeal of dismissal granted.
Issue(s)
Was debtor who was in business of growing medical marijuana entitled to a stay pending appeal of dismissal?
ABI Membership is required to access the full summary of In re Arenas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
King Oil Field Servs. LLP v. PricewaterhouseCoopers (In re Poseidon Concepts Corp.)
Sep
26
2014
Ruling
Relief from stay denied due to contradiction of court's sale order.
Issue(s)
Was creditor entitled to relief from stay to litigate its state court claims against property of the estate?
ABI Membership is required to access the full summary of King Oil Field Servs. LLP v. PricewaterhouseCoopers (In re Poseidon Concepts Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Arenas
Aug
28
2014
Ruling
Licensed marijuana distributor's case dismissed and conversion denied where administration would require the court to confirm a plan funded with proceeds from federal crime.
Issue(s)
Should case of state licensed marijuana distributor be dismissed due to conflict with terms of the federal Controlled Substances Act?
ABI Membership is required to access the full summary of In re Arenas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Steward Software Co. v. Kopcho (In re Kopcho)
Aug
12
2014
Ruling
State court judgment establishing theft and willful and malicious injury was preclusive on the issue of nondischargeability of debt.
Issue(s)
Whether, under collateral estoppel, defendant debtor was precluded from denying the nondischargeability of plaintiff's civil theft judgments.
ABI Membership is required to access the full summary of Steward Software Co. v. Kopcho (In re Kopcho) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Milstein
Jul
15
2014
Ruling
Case ordered converted or dismissed due to lack of feasibility and prepetition bad faith conduct.
Issue(s)
Should case filed solely to obtain a stay of a condominium association's foreclosure pending the outcome of unrelated water damage litigation, a positive outcome of which would be necessary to maintain a plan, be dismissed?
ABI Membership is required to access the full summary of In re Milstein Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Florado Partners LLC v. Gullehon (In re Gullehon)
Jun
25
2014
Ruling
Discharge denied based on fraudulent transfers by debtor.
Issue(s)
Were alleged fraudulent transfers grounds for denial of discharge?
ABI Membership is required to access the full summary of Florado Partners LLC v. Gullehon (In re Gullehon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Midwest Motor Supply Co. v. Hruby (In re Hruby)
May
16
2014
Ruling
Stay relief granted for enforcement of non-solicitation and confidentiality provisions of contract.
Issue(s)
Should relief from stay be granted to allow creditor to pursue enforcement of non-solicitation and confidentiality provisions of contract.
ABI Membership is required to access the full summary of Midwest Motor Supply Co. v. Hruby (In re Hruby) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: