Stickrath v. Globalstar Inc.
Dec
22
2008
Ruling
Claims reasonably within consumer's contemplation prior to debtor corporation's discharge order were discharged.
Procedural posture
Plaintiff consumer sued defendant corporation under Cal. Bus. & Prof. Code § 17200 et seq., and Cal. Civ. Code § 1750 et seq., and alleged that its failure to disclose known defects in its service prevented him from using the service as intended. The consumer sought to represent a nationwide class of individuals who purchased a satellite telephone from the corporation between April 2003 and 2007. The corporation moved for summary judgment.
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Court
:
- 11 U.S.C.
Levin v. Greco (In re Greco)
Nov
20
2008
Ruling
Amounts owed to state child representative in debtor's divorce was not a domestic support obligation and was dischargeable.
Procedural posture
Plaintiff, an Illinois child representative, brought an adversary proceeding to determine the dischargeability of defendant debtor's outstanding obligation. The debtor was served with the complaint but had not answered or otherwise appeared in the adversary proceeding, and the representative moved for a default judgment, asserting that the debt was a domestic support obligation, non-dischargeable under 11 U.S.C.S. § 523(a)(5).
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Court
:
- 11 U.S.C.
In re Teknek LLC
Oct
20
2008
Ruling
Attorney who had represented estate's primary creditor could not be employed by trustee due to potential conflict of interest.
Procedural posture
The chapter 7 trustee applied to employ an attorney and his law firm A judgment creditor of the debtor, and several persons or entities associated with the debtor filed objections to the employment of the attorney. The attorney had previously represented the judgment creditor in litigation against various parties related to the debtor, and the trustee sought to employ him to litigate against those same parties in an unrelated adversary action.
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Court
:
- 11 U.S.C.
In re Teknek LLC
Oct
17
2008
Ruling
Trustee's application to employ attorney denied as attorney had conflict with primary creditor and was not disinterested.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. Several interested parties associated with the bankruptcy proceedings objected to the application of a Chapter 7 trustee to employ an attorney and his law firm.
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Court
:
In re Hlavin
Sep
30
2008
Ruling
Home loans secured by mortgages were consumer, not commercial, debts.
Procedural posture
The Trustee sought dismissal of the debtors' bankruptcy case for abuse under 11 U.S.C.S. § 707(b)(1). The debtors moved for partial summary judgment.
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Court
:
- 11 U.S.C.
In re Harris
Aug
26
2008
Ruling
Court orders amounting to allocation of marital property were not domestic support obligations.
Procedural posture
A debtor filed a chapter 13 plan, and his former spouse objected to the plan on the ground that it failed to provide for payment of certain indebtedness, which she asserted was a domestic support obligation under 11 U.S.C.S. § 101(14A).
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Court
:
- 11 U.S.C.
In re Alston
Aug
22
2008
Ruling
Payment of credit card debt called for in separation agreement was a property settlement rather than a "domestic support obligation."
Procedural posture
The debtor's former spouse filed an objection to the confirmation of his chapter 13 plan, and the debtor objected to the claim of the spouse based on a provision in the parties' separation agreement.
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Court
:
- 11 U.S.C.
In re Cruz
Aug
11
2008
Ruling
Bonus received within six months prior to petition date had to be included in calculation of current monthly income.
Procedural posture
The chapter 13 trustee objected to confirmation on the ground that the debtors' plan failed to devote all projected disposable income over the applicable commitment period as required by 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Boller
Jun
27
2008
Ruling
Obligations under divorce agreement were not in the nature of support where alimony was specifically waived and other indicia were not present.
Procedural posture
A debtor sought confirmation of a chapter 13 plan. The debtor's former spouse objected to the confirmation on the ground that it failed to provide for payment in full of a domestic support obligation. Although the parties were provided an opportunity to present evidence, the only evidence submitted was the divorce decree which incorporated a compromise agreement signed by the parties.
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Court
:
- 11 U.S.C.
Wisconsin v. Schauer (In re Schauer)
Jun
13
2008
Ruling
Child care program overpayments owed to state were nondischargeable "domestic support obligations."
Procedural posture
Plaintiff-creditor, the State of Wisconsin, brought an adversary proceeding under 11 U.S.C.S. § 523(a)(5) seeking a determination that an obligation owed by the defendant debtor was excepted from the debtor's discharge as a domestic support obligation within the meaning of 11 U.S.C.S. § 101(14A), that was owed to a governmental entity.
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Court
: