United States v. Krause (In re Krause)
Aug
08
2006
Ruling
Payment of fees for debtor's counsel as special counsel to United States Trustee from frozen assets denied.
Procedural posture
Debtor moved for the payment of the professional fees of his counsel as special counsel to the U.S. trustee, to be paid from frozen funds that either belonged to the estate or various trusts and other entities. The court conditioned any such payment upon a requirement that debtor to make full disclosure of all potential estate assets. A second defendant also sought payment for his counsel.
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Court
:
- 11 U.S.C.
In re Lewis
Aug
03
2006
Ruling
Plan was not confirmed since debtors did not propose it in good faith where only personal benefit for debtors was to secure van for their adult daughter.
Procedural posture
Debtors proposed a chapter 13 plan under which they would have paid the creditor the value of a van they purchased for their daughter as determined by 11 U.S.C. § 506(a), with the balance of the loan treated as a general unsecured claim. The creditor objected to the plan, arguing that the debtors had to pay the full amount of the debt. The creditor filed a motion for stay relief.
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Court
:
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.
Ouellette v. Ouellette (In re Ouellette)
Jul
28
2006
Ruling
Trustee's motion for summary judgment seeking to revoke debtors' discharge based on alleged fraud was denied since disputed issues of fact regarding debtor's intent existed.
Procedural posture
Plaintiff U.S. trustee sued defendant chapter 7 debtors, seeking to revoke discharge pursuant to 11 U.S.C. § 727(d)(1) due to an alleged failure to disclose significant losses relating to one debtor's gambling or to disclose the transfer of an interest in real estate and a home to one debtor's mother two months prior to filing. The trustee moved for summary judgment.
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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
:
In re Wampler
Jun
29
2006
Ruling
Plan was confirmed since section 1325's 910 language required debtors to pay creditor's entire prepetition claim through chapter 13 plan without accruing postpetion interest.
Procedural posture
The bankruptcy court had confirmed the debtors'chapter 13 plan over the objections of the creditors. After the creditors appealed the order, the bankruptcy court issued a memorandum opinion supplementing the order of confirmation by more fully explaining the bankruptcy court's findings and conclusions as set forth in the record in open court.
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Court
:
In re Lowder
Jun
28
2006
Ruling
Creditor's objection to plan confirmation was sustained since car was purchased for other than business purpose and plan had to provide interest calculated at Till rate.
Procedural posture
Creditor objected to chapter 13 debtor's plan and debtor objected to creditor's claim.
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Court
:
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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