- 11 U.S.C.
In re Nunez
Sep
11
2014
Ruling
Plan modification denied pending debtor's provision of requested financial information to trustee.
Issue(s)
Whether the chapter 13 trustee may properly request updated Schedules I and J to reflect any changes in income and expenses, and copies of the debtors' recent tax returns pay advices in order to determine whether debtor's proposed modified plan is feasible and filed in good faith?
ABI Membership is required to access the full summary of In re Nunez 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 Spring
Sep
04
2014
Ruling
Voluntary dismissal granted due to failure to file required documents or comply with eligibility requirements.
Issue(s)
Whether to grant chapter 7 debtor's motion to dismiss his case.
ABI Membership is required to access the full summary of In re Spring 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 Tomer
Mar
14
2014
Ruling
Judgment creditor's motion for production of documents that would not assist in administration denied.
Issue(s)
Was creditor company entitled to copies of debtor's tax returns and income and expenditure statement in pursuing its proceeding to hold its judgment for violation of trade secrets nondischargeable?
ABI Membership is required to access the full summary of In re Tomer 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 Eldorado Canyon Props. LLC
Feb
25
2014
Ruling
Case properly dismissed for debtor's failure to file documents and information before expiration of court imposed deadline.
Issue(s)
Was debtor's case properly dismissed due to debtor's failure to comply with a court order to file its statement of social security number or tax identification number, creditor matrix, telephone number, schedules A through H, summary of schedules, statistical summary of certain liabilities, and verified statement or unsworn declaration within an extended deadline?
ABI Membership is required to access the full summary of In re Eldorado Canyon Props. LLC 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
Patriot Mfg. LLC v. Hartwig Inc.
Feb
06
2014
Ruling
Breach of contract claim by LLC dismissed due to failure of its sole member to disclose the claim in bankruptcy.
Issue(s)
Should summary judgment should be granted in favor of defendant in a breach of contract action on the basis of judicial estoppel because debtor failed to disclose his ownership interest in plaintiff LLC and failed to disclose the lawsuit when he filed his personal bankruptcy petition?
ABI Membership is required to access the full summary of Patriot Mfg. LLC v. Hartwig Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lupian v. Central Valley Residential Builders LP
Feb
05
2014
Ruling
Debtor's wage and hour claim survived summary judgment where debtor had reopened the case to add the claim and the trustee had been substituted as plaintiff.
Issue(s)
Was debtor judicially estopped from bringing a wage and hour case because she failed to disclose her claim when she filed for bankruptcy?
ABI Membership is required to access the full summary of Lupian v. Central Valley Residential Builders LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jackson v. WellSpan Health
Feb
04
2014
Ruling
Debtor's employment discrimination action not barred where failure to disclose the claim in bankruptcy may not have been due to bad faith.
Issue(s)
Should debtor be precluded from pursuing this employment discrimination action due to a failure to disclose the action in her bankruptcy case?
ABI Membership is required to access the full summary of Jackson v. WellSpan Health 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 Moran
Aug
26
2013
Ruling
Debtor ordered to compensate trustee for expenses incurred as a result of bad faith violation.
Issue(s)
Was trustee entitled to fees and expenses incurred in seeking to obtain debtor's compliance with bankruptcy court's turnover orders?
ABI Membership is required to access the full summary of In re Moran 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 Hoyle
Jun
28
2013
Ruling
Debtor in converted chapter 7 case not entitled to exemption in preconversion earnings by chapter 11 debtor in possession.
Procedural posture
After a bankruptcy debtor's case was converted from chapter 11 to chapter 7, the debtor claimed an exemption in a portion of amounts in accounts of the debtor as a debtor-in- possession (DIP) prior to conversion as earnings for the debtor's personal services. The bankruptcy trustee objected to the exemption.
ABI Membership is required to access the full summary of In re Hoyle 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 Caffey
Jun
24
2013
Ruling
Relief from stay to proceed against motor vehicle was unnecessary where stay had expired due to debtor's failure to file statement of intent.
Procedural posture
A creditor filed a motion for relief from the automatic stay and for abandonment with respect to a chapter 7 debtor's vehicle, which it repossessed the day before her case was commenced.
ABI Membership is required to access the full summary of In re Caffey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: