In re Solitran Devices Inc.
May
23
2014
Ruling
Potentially responsible parties had no claim for contribution with respect to hazardous waste clean-up against debtor where underlying claim by state had been discharged.
Issue(s)
Could potentially responsible parties for hazardous waste clean-up costs seek a claim for contribution against debtor whose liability to the state on the underlying claim had been discharged?
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Court
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In re Arcapita Bank
May
20
2014
Ruling
Rights under agreement to purchase shares in debtors' wholly owned indirect subsidiary were not basis for a proof of claim.
Issue(s)
Did creditor's rights under share purchase agreement with debtor bank for purchase of shares in debtor's subsidiary give rise to a proof of claim?
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Court
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In re Ruitenberg
Mar
13
2014
Ruling
Prepetition equitable distribution claim of debtor's former spouse allowed.
Issue(s)
Whether the interest of the debtor's former spouse in an equitable share of marital property pending divorce from debtor is a pre-petition "claim" against the bankruptcy estate?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Redmond v. CJD & Assocs. LLC (In re Brooke Corp.)
Mar
10
2014
Ruling
A limited liability company is a "corporation" that may qualify as an "affiliate" and "insider" of a debtor.
Issue(s)
Could a limited liability company qualify as an affiliate and insider of debtor in proceeding seeking to avoid allegedly preferential transfers?
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Court
:
- 11 U.S.C.
First Natl Bank v. Woods (In re Woods)
Feb
19
2014
Ruling
Debt for principal residence did not arise out of farming operation unless directly and substantially connected to the operation.
Issue(s)
Did bankruptcy court err in finding that chapter 12 debtors' construction loan should not be excluded from the debt total under § 101(18)(A) as arising from farm operations?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Whitney
Jan
15
2014
Ruling
Debtor could claim state exemption in property that qualified as "debtor's principal residence" under the Bankruptcy Code.
Issue(s)
Did property inherited by debtor qualify as a "principal residence in which debtor could claim a homestead exemption.
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Court
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In re Harris
Jan
02
2014
Ruling
Confirmation denied due to attempt to include credit card debts as domestic support obligations.
Issue(s)
Should chapter 13 plan confirmation be denied due to treatment of credit card debts owed to spouse as domestic support obligations.
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Court
:
- 11 U.S.C.
Sherron Assocs. Loan Fund XXI (Lacey) LLC v. Thomas (In re Parks)
Dec
18
2013
Ruling
LLC was a "corporation" that could be an "affiliate" or "insider" of debtor.
Issue(s)
Is an LLC a "corporation" under the bankruptcy code definitions of "affiliate" and "insider."
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Court
:
- 11 U.S.C.
Hernandez v. Nebraska HHS
Aug
08
2013
Ruling
Debt owed to state department of health and human services was in the nature of child support and nondischargeable.
Issue(s)
Whether the debt debtor owed to the Nebraska Department of Health and Human Services (DHHS) was a debt in the nature of support of a child under 11 U.S.C.S. § 101(14A)(B).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Efron
Jun
28
2013
Ruling
Court order for payments by debtor to former spouse, who needed money for financial obligations, was a nondischargeable domestic support obligation.
Issue(s)
Whether monthly payments of $50,000 which a Puerto Rico court ordered a Chapter 11 debtor to pay his ex-wife pursuant to P.R. Laws Ann. tit. 31, § 3700, pending an order which divided the parties' property, were "domestic support obligations" under 11 U.S.C.S. § 101(14A) that were entitled to priority claim status under 11 U.S.C.S. § 507(a)(1)(A).
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Court
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