- 11 U.S.C.
In re Matthews
Aug
22
2014
Ruling
Case filed by power of attorney ordered dismissed unless supplemental evidence of debtor's condition and knowledge of the filing.
Issue(s)
Is a power of attorney (POA) (general or specific) acceptable to allow one human being to act for another in filing and prosecuting a bankruptcy case, and, if legally acceptable, are there factual circumstances that might sometimes make it problematic.
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Court
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- 11 U.S.C.
Fitzgerald v. Nina Worx SR Inc. (In re Fitzgerald)
Apr
15
2010
Ruling
Bankruptcy court abused discretion by ordering sale of assets without valuing and finding good faith.
Procedural posture
Appellant debtor challenged an order of the United States Bankruptcy Court for the Central District of California authorizing appellee chapter 7 trustee to sell property of the estate, including the debtor's 49 percent interest in appellee corporation, and debtor's cross-claims in litigation against appellee trust, the initial purchaser of the assets.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Holland
Nov
17
2008
Ruling
Life insurance proceeds received more than 180 days postpetition were not property of the estate and failure to schedule justified by debtor's belief she was not a beneficiary.
Procedural posture
A chapter 7 trustee objected to a debtor's claimed exemptions of her shares of stock in a life insurance company and of the cash surrender value of a life insurance policy.
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Court
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- 11 U.S.C.
Prosser v. Prosser
Jun
09
2008
Ruling
Debtor could assert Fifth Amendment privilege at creditors' meeting to the extent not waived.
Procedural posture
A telephone cooperative and a chapter 11 trustee filed motions to compel defendants, a debtor and his nondebtor spouse, to answer certain questions at a § 341 meeting and to produce certain corporate and personal documents. The cooperative sought sanctions against the debtor. Defendants filed objections in which they asserted the Fifth Amendment.
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Court
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Peres v. Sherman (In re Peres)
Jun
06
2008
Ruling
Creditor's meeting concluded on date to which meeting was continued despite lack of formal written notice.
Procedural posture
Appellant debtors sought judicial review of the decision by the District Court for the Northern District of Texas affirming a bankruptcy court's order granting the trustee's objections to their exemptions. In a matter of first impression, the question was: if no formal announcement of a continuation date was made, when was an 11 U.S.C.S. § 341(a) creditors' meeting concluded?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Mazon v. Tardif (In re Mazon)
Apr
28
2008
Ruling
Cabana associated with debtor's condominium was property of the estate and not subject to homestead exemption.
Procedural posture
Appellant debtors challenged an order from a bankruptcy court that recognized and imposed an equitable lien on their Florida condominium (condo) in favor of a judgment creditor and that declared their interest in a cabana associated with the condo to be property of the bankruptcy estate under 11 U.S.C.S. § 541.
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Court
:
- 11 U.S.C.
In re Parks
Apr
04
2008
Ruling
Case dismissed due to debtor's failure to appear at creditor's meeting.
Procedural posture
The chapter 13 trustee moved for summary dismissal of debtors' case on the ground that debtors did not appear at the first meeting of creditors held pursuant to 11 U.S.C.S. § 341. Debtors' counsel opposed summary dismissal on the ground that he was unaware that a § 341 meeting had been scheduled.
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Court
:
- 11 U.S.C.
In re Parks
Apr
04
2008
Ruling
Case dismissed due to debtors' failure to appear at first meeting of creditors.
Procedural posture
The chapter 13 trustee moved for summary dismissal of debtors' case on the ground that debtors did not appear at the first meeting of creditors held pursuant to 11 U.S.C.S. § 341. Debtors' counsel opposed summary dismissal on the ground that he was unaware that a § 341 meeting had been scheduled.
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Court
:
- 11 U.S.C.
In re Brandenburg
Jan
10
2007
Ruling
By filing schedules debtor waived Fifth Amendment privalege with regard to matters raised by the contents of the schedules.
Procedural posture
Creditor filed a motion to determine that chapter 7 debtor had waived his Fifth Amendment privilege with respect to all matters disclosed in his voluntary petition, statements, and schedules, and to order debtor to answer any and all questions related to those documents at his creditors'meeting held pursuant to 11 U.S.C. § 341, at any examination held pursuant to Fed. R. Bankr. P. 2004, /or at any other proceeding in the case.
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Court
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