- 11 U.S.C.
In re Childs
Dec
13
2010
Ruling
Small business election revoked as erroneously granted.
Procedural posture
Debtors filed a petition under chapter 11, one day before they filed a chapter 11 petition on behalf of an LLC they owned, and the court consolidated both cases. The debtors submitted a disclosure statement which described their plan of reorganization, and the United States Trustee (UST) objected to approval of the debtors' disclosure statement and a credit union filed an objection to confirmation of the debtors' plan.
ABI Membership is required to access the full summary of In re Childs 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 Woolsey
Oct
08
2010
Ruling
Confirmation denied due to failure to provide for retention of lien securing allowed secured claim until payment in full or discharge.
Procedural posture
The matter before the court was the confirmation of debtors' chapter 13 Amended Plan (Plan). The trustee objected.
ABI Membership is required to access the full summary of In re Woolsey 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 Cranmer
Jun
28
2010
Ruling
Social Security income was required to be included in projected disposable income calculation.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtor's plan on the grounds that the debtor could not exclude Social Security Income (SSI) from his projected disposable income (PDI) analysis.
ABI Membership is required to access the full summary of In re Cranmer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Elggren v. Wheeler (In re Wheeler)
Jan
14
2010
Ruling
Note was dischargeable where debtor had no communication with creditor that could give rise to misrepresentation or fraud.
Procedural posture
Plaintiff creditor brought this adversary action against defendant debtor alleging that a $140,000 note was nondischargeable within the meaning of 11 U.S.C.S. §§ 523(a)(2) and (4).
ABI Membership is required to access the full summary of Elggren v. Wheeler (In re Wheeler) 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 Trustee v. Garland (In re Garland)
Sep
18
2009
Ruling
Discharge properly denied due to debtor's failure to disclose interest in real property and ownership or control of business assets and accounts.
Procedural posture
Appellee United States Trustee brought an adversary proceeding against appellant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on material misstatements and omissions in the debtor's filings. The debtor appealed the order of the United States Bankruptcy Court for the Eastern District of Oklahoma which denied the debtor's discharge.
ABI Membership is required to access the full summary of United States Trustee v. Garland (In re Garland) 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
- 11 U.S.C.
Rupp v. Ayres (In re Fabbro)
Jul
29
2009
Ruling
Transfers to real estate agents who misrepresented nature of services to debtor were fraudulent.
Procedural posture
A debtor filed a petition under chapter 7. Plaintiff chapter 7 trustee filed causes of action against defendants, a real estate agent, his associate, a real estate company, a transferee, and other defendants, for common law fraud, fraudulent transfer under 11 U.S.C.S. § 548, fraudulent transfer under Utah Code Ann. § 25-6-6 of the Utah Uniform Fraudulent Transfer Act (UFTA), negligence, civil conspiracy, breach of contract, and punitive damages.
ABI Membership is required to access the full summary of Rupp v. Ayres (In re Fabbro) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bryan v. Clark (In re Bryan)
Jun
15
2009
Ruling
Debtor could require creditor to apply proceeds of settlement with non-debtor third parties to satisfy related claim against debtor.
Procedural posture
Appellant debtor sought review of a decision of the bankruptcy court for the District of Colorado, which denied his objection to appellee creditors' claim. The creditors, a company and a related individual, had two judgment liens, which arose out a state court lawsuit filed against the debtor and his wholly-owned corporation.
ABI Membership is required to access the full summary of Bryan v. Clark (In re Bryan) 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
- 11 U.S.C.
In re 3H River Turf Farm LLC
Jun
05
2009
Ruling
Relief from stay granted based on lack of equity in property after consideration of all liens and encumbrances.
Procedural posture
Before the court was a motion by secured creditors for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2).
ABI Membership is required to access the full summary of In re 3H River Turf Farm LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Miller v. Christensen (In re Christensen)
Mar
30
2009
Ruling
Trustee's claim for revocation of discharge was time barred regardless of whether case was properly closed.
Procedural posture
Trustee brought an adversary proceeding against debtors seeking revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(2). The debtors moved to dismiss the adversary proceeding on the grounds that it was barred by the time limits expressed in 11 U.S.C.S. § 727(e)(2).
ABI Membership is required to access the full summary of Miller v. Christensen (In re Christensen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Garner
Jan
06
2009
Ruling
Absence of objection from creditor was not grounds to allow bifurcation of claim secured by "910 vehicle."
Procedural posture
The chapter 13 debtors requested confirmation of their amended plan. The chapter 13 trustee filed an objection to confirmation on the ground that its proposed treatment of the secured claim of an auto financing creditor violated 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
ABI Membership is required to access the full summary of In re Garner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: