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Loveridge v. Hall (In re Renewable Energy Dev. Corp.)

Jul
02
2015
Ruling
District court erred in referring state law suit against former trustee to bankruptcy court without the consent of the parties.
Issue(s)
Was suit by former client of former trustee concerning the client's ability to enter into wind farm leases on the same properties were subject to debtor's leases, on which debtor had defaulted on payments, properly referred to bankruptcy court?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 02, 2015 , LexisNexis #0815-031
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Woolsey v. Woolsey (In re Woolsey)

Sep
04
2012
Ruling
Second mortgage that was secured under state law could not be voided in chapter 13 case even though unsupported by value in collateral.
Procedural posture

Appellee creditor objected to appellant debtors' chapter 13 plan. The bankruptcy court rejected the plan, and the United States District Court for the District of Utah affirmed. The debtors appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 04, 2012 , LexisNexis #1012-011
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United States v. Dawes (In re Dawes)

Jun
21
2011
Ruling
Chapter 12 debtors' postpetition sale of land without permission of the bankruptcy court created tax liabilities that could not be treated as general unsecured claims.
Procedural posture

After declaring bankruptcy, appellee Chapter 12 debtors, with the permission of the bankruptcy court, sold several tracts of farm land which created income tax liabilities. The taxes were treated in the debtors' reorganization plan as newly incurred tax liabilities and unsecured claims. The bankruptcy court approved the plan and the U.S. District Court for the District of Kansas affirmed. Appellant IRS appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 21, 2011 , LexisNexis #0711-043
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In re Haberman

Feb
22
2008
Ruling
Lien avoidance preserved only value of lien itself for the estate, not other rights.
Procedural posture

Appellant trustee filed an adversary action against appellees, bank and debtors, to avoid a security interest and preserve the avoided lien for the benefit of the estate. The bankruptcy court ruled that a trustee who voided a lien pursuant to 11 U.S.C.S. §§ 544 and 551 took for the bankruptcy estate only the value of the lien itself. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 22, 2008 , LexisNexis #0308-099
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