Kuhnel v. Russell (In re Kuhnel)
Aug
01
2006
Ruling
Trustee's untimely objection to claimed exemption was not cured by release of lien by creditor without commencement of avoidance proceeding.
Procedural posture
Appellants, debtors, sought review of an order of the Bankruptcy Court for the District of Wyoming sustaining appellee chapter 7 trustee's objection to their claimed exemption in their vehicle pursuant to Wyo. Stat. Ann. § 1-20-106(a)(iv) (2006).
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- 11 U.S.C.
In re Schwartz
Jul
31
2006
Ruling
Creditor's post-confirmation motion for sale of debtor's interest in property denied due to failure to file adversary proceeding.
Procedural posture
Creditor filed a motion for an order requiring the sale of the husband debtor's interest in certain real property. The creditor alleged that this property was not disclosed in the bankruptcy and argued that the proceeds of such sale should be paid to the unsecured creditors.
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Court
:
- 11 U.S.C.
In re Goldsmiths Inc.
Jul
24
2006
Ruling
Payment that was made 90 days late was not a transfer made in the ordinary course of business and was avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid transfers from the debtor fraudulent transfer under 11 U.S.C. § 548. The creditor in its answer raised its defenses under the preference statute, 11 U.S.C. § 547(c)(2). The trustee filed a motion for summary judgment, asserting he was entitled to avoid the transfers as a preference. The creditor did not file a response.
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Court
:
- 11 U.S.C.
White v. Chance Indus. (In re Chance Indus.)
Jul
07
2006
Ruling
Post-confirmation personal injury claim by plaintiff with no pre-petition relationship with debtor was not discharged by confirmation order.
Procedural posture
Chapter 11 debtors and their principal moved to enjoin state court lawsuits brought by plaintiffs, a child hurt by one of debtors'amusement rides, and his parents, and to find plaintiffs in contempt for violation of the confirmation order and the discharge injunction. Plaintiffs and intervenor, the buyer of the amusement ride, filed an adversary complaint against debtors, seeking a determination of the dischargeability of the state court claims.
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Court
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In re Spencer
Jun
27
2006
Ruling
Trustee's motion for turnover was granted since debtors were liable to estate for transfer of estate assets resulting from postpetition honoring of prepetition checks.
Procedural posture
Movant bankruptcy trustee sought an order requiring debtors to turn over funds that, the trustee alleged, remained in their bank accounts on the date of their bankruptcy petition. Debtors objected that they had written checks or otherwise committed the funds prior to filing their petition and were under no duty to turn over the funds to the trustee because the trustee had authority to recover the funds from the various payees.
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Court
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Parks v. Scott (In re Steele)
May
11
2006
Ruling
Trustee was entitled to recover debtor's equitable interest in vehicle fraudulent transferred to debtor's domestic partner.
Procedural posture
A bankruptcy trustee filed an adversary proceeding pursuant to 11 U.S.C. § 548(a) to avoid an alleged fraudulent transfer by debtor to defendant domestic partner of the debtor's interest in a pickup truck, a boat, and a trailer (collectively referred to as the "property"). The trustee sought to avoid the transfer as it was without receipt of reasonably equivalent value while the debtor was insolvent.
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Court
:
- 11 U.S.C.
In re Fowle
Apr
20
2006
Ruling
Debtor's motion to strip down the mortgagee's lien was granted even though section 1322 prohibited bifurcation since the mortgagee failed to respond to the motion.
Procedural posture
Bankruptcy debtors'confirmed chapter 13 plan provided for treatment of a mortgagee's claim as partially secured and partially unsecured. The debtors moved to strip down the mortgagee's lien with regard to the unsecured portion of the claim, and the mortgagee did not respond to the motion. The court sua sponte questioned whether bifurcation of the mortgagee's claim was proper under 11 U.S.C. § 1322(b)(2).
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Court
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In re Thomas
Mar
14
2006
Ruling
Debtor was denied a waiver of the prefiling credit counseling requirement since the debtor's certificate of exigent circumstances failed to state that the debtor requested the counseling before filing.
Procedural posture
With his petition, the debtor requested a temporary waiver of the prefiling credit counseling requirement required by 11 U.S.C. § 109(h)(1) due to exigent circumstances. The debtor cited to a "foreclosure date" on his home as the exigent circumstance.
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Court
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In re Schmitz
Mar
06
2006
Ruling
Oversecured creditor's proof of claim was allowed, but the attorneys'fees for prepetition work was reduced.
Procedural posture
In a chapter 13 matter, debtor objected to the allowance of attorney fees to a creditor as part of the creditor's claim.
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Court
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Nazar v. N. Am. Savings Bank (In re Born)
Mar
02
2006
Ruling
Trustee's preserved lien was valued in accordance with Code section 506(a) by giving importance to the proposed use and disposition of the property in question.
Procedural posture
In an adversary proceeding, plaintiff chapter 7 trustee invoked his 11 U.S.C. § 544 hypothetical lien creditor powers to avoid defendant creditor's lien in the debtors'residence, a mobile or manufactured home, as being unperfected under the Kansas Manufactured Housing Act. Debtors were also named as defendants. The matter was pending decision following trial to the court.
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Court
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