- 11 U.S.C.
Marinkovic v. Sanders (In re Marinkovic)
Dec
05
2007
Ruling
Proceeds of sale of marital home that had been conveyed to trust were property of the estate.
Procedural posture
A chapter 11 claimed entitlement to one-half of the proceeds from the sale of his marital home, either as property that was not property of the bankruptcy estate or under California's homestead exemption statutes. The debtor's son claimed a lien against the proceeds.
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Court
:
- 11 U.S.C.
Paul v. Coco-Cola Enters.
May
15
2007
Ruling
Employment discrimination case became property of the estate upon filing so that substitution of trustee as plaintiff was appropriate.
Procedural posture
Plaintiff terminated employee filed a suit against defendant employer alleging that she was sexually discriminated against in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. § 951 et seq. The employer moved to dismiss the complaint pursuant to Fed. R. Civ. P. 17 or, alternatively, sought to substitute a bankruptcy trustee as plaintiff in the case.
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Court
:
- 11 U.S.C.
In re Zwirn
Feb
21
2007
Ruling
State court fraudulent transfer action was property of the estate.
Procedural posture
The chapter 7 trustee filed a motion to approve a settlement agreement with creditors. The underlying cause of action was brought in state court by a creditor (plaintiff creditor) against two defendant creditors and alleged a fraudulent transfer. A threshold issue was whether this fraudulent transfer claim was property of the bankruptcy estate.
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Court
:
- 11 U.S.C.
Grochal v. Ocean Technical Servs. Corp. (In re Baltimore Marine Indus.)
Feb
09
2007
Ruling
Debtor's subcontractor did not have an absolute right to interpleaded funds which were part of bankruptcy estate.
Procedural posture
After a government contractor filed a chapter 11 bankruptcy petition, a ship operator filed an interpleader action, seeking to deposit the amount it owed the contractor for repairs. The District Court for the District of Maryland affirmed the bankruptcy court's determination that appellee subcontractor was entitled to be paid from the interpleaded funds. Appellant liquidating agent sought review of the district court's judgment.
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- 11 U.S.C.
Jones v. Jones (In re Jones)
Dec
01
2006
Ruling
Debtor's alienation of affection claim against former spouse was property of the estate and could not be set off against nondischargeable divorce decree obligations.
Procedural posture
Ex-spouse filed a complaint to determine that debtor's obligations under their divorce decree were nondischargeable, pursuant to 11 U.S.C. § 523(a)(15). The debtor sought to set off, against the ex-spouse's nondischargeable claim, an alleged claim against his ex-spouse.
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Court
:
- 11 U.S.C.
In re Hill
Nov
30
2006
Ruling
Unearned portion of debtor's attorney's retainer became property of the estate upon filing.
Procedural posture
Trustee filed a motion to compel turnover of funds held by chapter 7 debtor's attorney.
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Court
:
- 11 U.S.C.
EEOC v. J.D. Streett & Co.
Oct
30
2006
Ruling
Debtor who failed to list EEOC cause of action in chapter 7 case barred from prosecuting action which was property of the estate.
Procedural posture
Plaintiff Equal Employment Opportunity Commission ("EEOC") filed a suit against defendant employer alleging that it engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964. Intervenor plaintiffs, five current and/or former female employees, intervened in the suit. The employer moved to dismiss employee four's claims pursuant to Fed. R. Civ. P. 12(b)(6) and also sought summary judgment as to her claims.
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Court
:
- 11 U.S.C.
French v. Frey (In re Bergman)
Oct
27
2006
Ruling
Insurer's prepetition claim for portion of personal injury recovery was enforceable against debtor.
Procedural posture
Plaintiff trustee challenged the decision entered by the District Court for the Northern District of Ohio that determined that defendant medical insurer acquired a prepetition interest in the first $3,000 that plaintiff chapter 7 debtors, the insureds, could obtain from another defendant, the other party of an automobile accident.
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- 11 U.S.C.
In re Parker
Sep
14
2006
Ruling
Earned income tax credit was property of the estate.
Procedural posture
Chapter 7 trustee filed a motion for an order requiring debtor to turn over certain tax refunds, which consisted of an Earned Income Tax Credit ("EITC") and a Child Tax Credit ("CTC"). Trustee also objected to debtor's claimed exemption in the refunds.
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Court
:
- 11 U.S.C.
Chapple v. Fahnestock & Co.
Sep
01
2006
Ruling
Unscheduled employment discrimination action that was not abandoned or administered remained property of the estate.
Procedural posture
Defendants moved for summary judgment pursuant to Fed. R. Civ. P. 56 in an employment discrimination action. Defendants contended that plaintiff was obligated to identify the lawsuit as a potential asset when filing her chapter 7 bankruptcy petition, and argued that plaintiff no longer had standing to pursue the action.
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Court
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