- 11 U.S.C.
In re Castle Arch Real Estate Inv. Co. LLC
Apr
15
2013
Ruling
Indemnification claims disallowed except for rent claim conceded by trustee.
Procedural posture
A claimant filed a claim against a debtor for over $7 million in wages, rent, and indemnification relating to his work with the company prior to bankruptcy, and the Trustee objected to the claim. The court conducted a trial of the Trustee's claim objection and took the matter under advisement.
ABI Membership is required to access the full summary of In re Castle Arch Real Estate Inv. Co. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Castle Arch Real Estate Inv. Co. LLC
Feb
08
2013
Ruling
Debtors and non-debtor which operated as single entity with parent debtor ordered consolidated.
Procedural posture
A bankruptcy trustee asserted that bankruptcy debtors and a non-debtor entity which was an asset of a parent debtor essentially operated as a single entity which purchased and developed real property with central management and financial control in the parent debtor. The trustee moved for substantive consolidation of the debtors and the non-debtor entity.
ABI Membership is required to access the full summary of In re Castle Arch Real Estate Inv. Co. 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 Amezcua
Jan
18
2013
Ruling
Bankruptcy petition preparers fined and ordered to pay damages for numerous violations.
Procedural posture
After a debtor's chapter 7 case was dismissed, the court retained jurisdiction pending an investigation by the United States Trustee, which resulted in a motion seeking damages and fines against three alleged bankruptcy petition preparers for violations of 11 U.S.C.S. § 110.
ABI Membership is required to access the full summary of In re Amezcua Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Stott v. U.S. Bank (In re Stott)
Nov
13
2012
Ruling
Unsecured junior lien could not be avoided prior to plan completion and discharge.
Procedural posture
Chapter 13 debtors sought a default judgment against the bank in their action, which sought to immediately and permanently avoid the bank's junior lien on their house.
ABI Membership is required to access the full summary of Stott v. U.S. Bank (In re Stott) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Blackstone Fin. Group v. Myler (In re Myler)
Aug
31
2012
Ruling
Deadlines for filing proceeding for revocation of discharge not subject to equitable tolling.
Procedural posture
Defendant debtors, a married couple who had received a chapter 7 discharge, moved to dismiss as untimely a complaint to revoke discharge per 11 U.S.C.S. § 727(e) by plaintiff creditor, successor in interest to lenders to a joint venture in which the husband was alleged to have misappropriated assets. One issue was whether certain deadlines governing discharges including those in § 727 and in 11 U.S.C.S. § 523 were subject to equitable tolling.
ABI Membership is required to access the full summary of Blackstone Fin. Group v. Myler (In re Myler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States v. Brown (In re Brown)
May
30
2012
Ruling
Tax debt was nondischargeable as to debtor but dischargeable as to debtor spouse who had no control of finances.
Procedural posture
In this adversary proceeding, plaintiff United States sought a determination that certain tax obligations owed by defendant debtors were nondischargeable under 11 U.S.C.S. § 523(a)(1)(C) because the debtors willfully attempted to evade or defeat such tax. All parties filed motions for summary judgment.
ABI Membership is required to access the full summary of United States v. Brown (In re Brown) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Railton v. Hindin (In re Hindin)
Sep
01
2011
Ruling
State court judgment for intentional fraud was nondischargeable.
Procedural posture
Plaintiff judgment creditor brought an adversary proceeding against defendant debtor to determine the non-dischargeability of a state court judgment under 11 U.S.C.S. § 523(a)(2)(A).
ABI Membership is required to access the full summary of Railton v. Hindin (In re Hindin) 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 Hargis
May
03
2011
Ruling
Debtors were not entitled to additional operating expense deduction in current monthly income calculation for older or well-worn, unencumbered vehicles.
Procedural posture
The chapter 13 trustee objected to confirmation of debtors' plan. The Assistant U.S. Trustee argued at the hearing in support of the chapter 13 Trustee's position.
ABI Membership is required to access the full summary of In re Hargis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Wolf Creek Props. LLC
Jan
21
2011
Ruling
Sale of water and sewer company assets free and clear approved.
Procedural posture
Chapter 11 debtor filed a motion seeking entry of an order under 11 U.S.C.S. § 363 authorizing and approving the sale of certain real and personal property free and clear of all liens, claims and encumbrances.
ABI Membership is required to access the full summary of In re Wolf Creek Props. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: