- 11 U.S.C.
Kee v. Evergreen Profl Recoveries Inc.
Aug
19
2009
Ruling
Debtor's Fair Debt Collection Practices Act claim dismissed as not disclosed in chapter 7 case.
Procedural posture
Plaintiffs, a debtor and another individual, brought an action against defendant creditor, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692 et seq., and a state claim of invasion of privacy. The creditor filed a motion for partial summary judgment arguing that the debtor was judicially estopped from pursuing her claims in this action.
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Court
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- 11 U.S.C.
In re Meyers
Mar
24
2009
Ruling
Estate's portion of debtor's tax refund calculated using pro rata by days method.
Procedural posture
A debtor filed for chapter 7 relief. Pursuant to 11 U.S.C.S. § 541(a)(1), the chapter 7 trustee moved for turnover of the estate's portion of the debtor's tax refund. The debtor objected to the motion.
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Court
:
- 11 U.S.C.
Meneses v. Long Island R.R. Co.
Mar
13
2009
Ruling
Debtor lacked standing to pursue Federal Employer's Liability Act claim not disclosed in schedules.
Procedural posture
Defendant employer filed a Fed. R. Civ. P. 56 motion for summary judgment on plaintiff employee's action under the Federal Employer's Liability Act (FELA), 45 U.S.C.S. § 51 et seq.
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Court
:
- 11 U.S.C.
In re Smith
Oct
31
2008
Ruling
Real estate commissions earned prior to petition date were property of the estate and subject to turnover.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A trustee filed a motion for turnover of real estate commissions, pursuant to 11 U.S.C.S. §§ 541 and 542, claiming that the debtor earned the commissions prior to filing for bankruptcy and that the commissions were property of the estate.
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Court
:
- 11 U.S.C.
Wornick v. Gaffney
Sep
24
2008
Ruling
Debtor spouses' interests in reciprocal life insurance policies were inchoate and not subject to administration.
Procedural posture
Appellant spouses sought review of an order of the United States District Court for the Western District of New York affirming the bankruptcy court's order sustaining appellee trustee's objection to the spouses' claim that the cash surrender values of whole life insurance policies that each spouse held for the benefit of the other were exempt from the joint administration of their bankruptcy estates.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Roberts v. First Bank of Del.
Sep
19
2008
Ruling
RICO action dismissed as not preserved in plaintiffs' prior bankruptcy case.
Procedural posture
Plaintiff purchasers filed an action against defendants, various banks and mortgage servicing agencies and a real estate appraiser, alleging that defendants violated the Racketeer Influenced and Corrupt Organizations Act (RICO) and state law when they sold real property to the purchasers. Defendants filed a motion to dismiss, pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
In re Smith
Aug
28
2008
Ruling
Economic stimulus rebate was estate property where right to the rebate arose prior to petition date.
Procedural posture
The debtors filed for chapter 7 bankruptcy protection after the Economic Stimulus Act (2008 Act), Pub. L. No. 110-185, 122 Stat. 613 (2008), became effective. The chapter 7 trustee filed a motion for turnover of the debtors' economic stimulus rebate (ESR). Pursuant to the bankruptcy court's request, the IRS filed an amicus brief.
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Court
:
- 11 U.S.C.
In re Andrews
May
06
2008
Ruling
Payment under Economic Stimulus Act 2008 was not property of the estate where the legislation had not yet been enacted on petition date.
Procedural posture
Debtors filed a motion for turnover of a portion of their 2007 income tax refunds, and the chapter 7 trustee requested that the amount of the tax refund be offset by a portion of the stimulus payment expected pursuant to the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613.
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Court
:
- 11 U.S.C.
In re Woods
Apr
24
2008
Ruling
Vehicle was property of the estate where alleged transfer was not completed under state law prior to the petition date.
Procedural posture
Debtors claimed an exemption in a vehicle. The chapter 7 Trustee objected to the debtors' claimed exemption and also sought turnover of the vehicle from purported buyers who had possession of the vehicle.
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Court
:
- 11 U.S.C.
Zanders v. Armstrong Wood Prods.
Feb
04
2008
Ruling
Chapter 13 debtor's wrongful termination action that was not disclosed in prior chapter 7 case remained property of the chapter 7 estate.
Procedural posture
Plaintiff former employee filed an action against defendant former employer alleging that the employer violated public policy when it terminated him in retaliation for his pursuit of workers' compensation benefits. The employer moved for summary judgment, arguing that the employee, who had filed for bankruptcy after his termination, lacked standing to pursue the claim because it belonged to the bankruptcy trustees under 11 U.S.C.S. § 541(a)(1).
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Court
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