- 11 U.S.C.
In re Buerge
Sep
06
2012
Ruling
Abandonment, rather than sale, ordered where property was of inconsequential value.
Procedural posture
Debtor sought to compel the chapter 7 Trustee to abandon debtor's minority stock interest in two closely held bank holding companies. The Trustee sought an order approving the sale of the stock to debtor's most significant creditor.
ABI Membership is required to access the full summary of In re Buerge Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Redmond v. Rainstorm Inc. (In re Lone Star Pub Operations LLC)
Jan
27
2012
Ruling
Transfer of purchase price of members' interests in debtor to members from debtor's account, which was used as a conduit, was not avoidable.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against defendant members of a bankruptcy debtor seeking to avoid a transfer of funds to a purchaser of the members' interests in the debtor as a preferential or fraudulent transfer under 11 U.S.C.S. §§ 547, 548. The trustee moved for summary judgment.
ABI Membership is required to access the full summary of Redmond v. Rainstorm Inc. (In re Lone Star Pub Operations LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cagle v. Educational Credit Mgmt. Corp. (In re Cagle)
Dec
09
2011
Ruling
Federal Family Education Loan Program administrative remedy was separate from and not a prerequisite for an undue hardship discharge in bankruptcy.
Procedural posture
Defendant, a student loan obligee (lender), moved to dismiss a declaratory action filed by plaintiff debtor seeking to discharge his student loans for hardship per 11 U.S.C.S. § 523(a)(8). At issue was the interrelationship, if any, between the hardship exception to nondischargeability in § 523(a)(8) and the administrative remedy provided under the Federal Family Education Loan Program (FFELP), 20 U.S.C.S. § 1087(a) and 34 C.F.R. § 682.402(c).
ABI Membership is required to access the full summary of Cagle v. Educational Credit Mgmt. Corp. (In re Cagle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
IBD Inc. v. Jenkins (In re Jenkins)
Nov
21
2011
Ruling
Judgment against debtor CEO for conversion and breach of fiduciary duty was nondischargeable.
Procedural posture
Cross-motions for summary judgment were filed by defendant debtor and plaintiff, debtor's former employer, on the issue of whether debtor's obligation to plaintiff, represented by a state court judgment against him on which debtor still owed $575,000, was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (a)(6). Plaintiff took the position that debtor was collaterally estopped from disputing dischargeability.
ABI Membership is required to access the full summary of IBD Inc. v. Jenkins (In re Jenkins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
LTF Real Estate Co. v. Expert S. Tulsa LLC (In re Expert S. Tulsa LLC)
Aug
29
2011
Ruling
Funds held in escrow for creditor purchaser in real estate transaction were not property of the estate.
Procedural posture
Plaintiff creditor filed a declaratory judgment action, seeking a determination that funds in an escrow account were not property of the estate under 11 U.S.C.S. § 541, that it was entitled to a disbursement of the escrow funds, and that it could exercise the remedy of self- help under the terms of the escrow agreement.
ABI Membership is required to access the full summary of LTF Real Estate Co. v. Expert S. Tulsa LLC (In re Expert S. Tulsa LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Janes v. Lyons (In re Lyons)
Jul
28
2011
Ruling
Debtor's improper taking of maintenance payments from former spouse resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking to except from discharge pursuant to 11 U.S.C.S. § 523(a)(2) and (6) amounts that he was awarded in two state court judgments against the debtor. The state court found that the debtor improperly took maintenance payments from the creditor which she was not entitled to under their divorce decree. The creditor moved for summary judgment.
ABI Membership is required to access the full summary of Janes v. Lyons (In re Lyons) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Calhoun v. United States Trustee
May
03
2011
Ruling
Above-median debtors' chapter 7 case properly dismissed for abuse based on totality of circumstances.
Procedural posture
Appellant debtors sought judicial review of a decision by the United States District Court for the District of South Carolina, at Columbia, which affirmed a bankruptcy court's decision to dismiss their petition for Chapter 7 bankruptcy on grounds of abuse.
ABI Membership is required to access the full summary of Calhoun v. United States Trustee Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Celeritas Techs. LLC
Mar
14
2011
Ruling
Chapter 11 trustee appointed due to debtors' improper attempt to use bankruptcy to retain assets and evade debts to creditors.
Procedural posture
In these substantively consolidated cases, a judgment creditor filed a motion to appoint a Chapter 11 trustee pursuant to 11 U.S.C.S. § 1104(a).
ABI Membership is required to access the full summary of In re Celeritas Techs. LLC 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 Jones
Jan
25
2011
Ruling
Debtor could claim exemption in final annuity payment under Federal Employees Liability Act settlement.
Procedural posture
The Chapter 7 trustee objected to the debtors' claimed exemption of a final annuity payment debtor husband was to receive as part of a Federal Employers Liability Act (FELA) claim settlement.
ABI Membership is required to access the full summary of In re Jones Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Janes v. Lyons (In re Lyons)
Mar
26
2010
Ruling
Nondischargeability complaint by former spouse sufficiently alleged fraud against debtor for fraudulent acceptance of maintenance payments to which debtor was no longer entitled.
Procedural posture
Plaintiff creditor filed a complaint seeking to except from discharge under 11 U.S.C.S. § 523(a)(2) and (6) an amount representing maintenance payments that a chapter 13 debtor allegedly improperly retained, although she was no longer entitled to them under a divorce decree. The debtor filed a motion to dismiss the complaint on the grounds that it failed to state a claim for relief.
ABI Membership is required to access the full summary of Janes v. Lyons (In re Lyons) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: