In re Dial
Nov
03
2011
Ruling
Relief from stay denied, conditioned upon debtor making monthly payments and maintaining insurance on mortgaged property.
Procedural posture
A creditor filed a motion for relief from stay and from a co-debtor stay pursuant to 11 U.S.C.S. § 362(d).
ABI Membership is required to access the full summary of In re Dial 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 Qimonda AG
Oct
28
2011
Ruling
Debtor in foreign proceeding could not terminate U.S. patent licenses.
Procedural posture
The representative of a debtor in a foreign insolvency proceeding moved to eliminate or restrict the applicability of bankruptcy law to allow the representative to terminate U.S. licenses to use the debtor's patents under foreign law. Upon remand from the U.S. District Court for the Eastern District of Virginia, the bankruptcy court considered whether the right to retain the licenses under bankruptcy law should apply under 11 U.S.C.S. § 1506.
ABI Membership is required to access the full summary of In re Qimonda AG 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 Beasley
Sep
27
2011
Ruling
Confirmation denied and case dismissed due to lack of good faith by debtors two prior chapter 7 discharges.
Procedural posture
The court held a hearing on whether to confirm the debtors' Chapter 13 plan. Both the debtors and the Chapter 13 trustee submitted briefs in support of confirmation.
ABI Membership is required to access the full summary of In re Beasley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
North Alabama Bank v. Brooks (In re Brooks)
Sep
19
2011
Ruling
False joint financial statement by debtor and nondebtor spouse was properly relied upon by creditor resulting in nondischargeable debt.
Procedural posture
Plaintiff creditor sought a determination that debt owed it by defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
ABI Membership is required to access the full summary of North Alabama Bank v. Brooks (In re Brooks) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Smith v. Smith (In re Smith)
Aug
23
2011
Ruling
Postpetition interest on child support debt was nondischargeable.
Procedural posture
A discharged chapter 7 debtor sought a declaration that unpaid interest on his child-support obligation was discharged in his chapter 7 bankruptcy case, and in particular that such interest was not excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(5). Co-defendant, State of Alabama, Department of Human Resources (DHR), a state agency that collected delinquent child-support obligations, filed a motion for summary judgment.
ABI Membership is required to access the full summary of Smith v. Smith (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Nwonwu
Aug
12
2011
Ruling
Debtor's eighth chapter 13 case dismissed given inability to support plan.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtor's plan and a motion to dismiss the case for cause under 11 U.S.C.S. § 1307(c). A mortgage creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362.
ABI Membership is required to access the full summary of In re Nwonwu 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 Linton
Jul
27
2011
Ruling
Plan paying 100 percent of joint unsecured creditors but only 5 percent of non-joint unsecured creditors confirmed.
Procedural posture
A chapter 13 trustee objected to the confirmation of a plan that proposed a 100 percent payment of unsecured claims on which the debtor and his non-debtor wife were jointly liable while only providing a 5 to 6 percent payout to non-joint unsecured creditors.
ABI Membership is required to access the full summary of In re Linton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Armstrong v. McGinnis (In re McGinnis)
Jul
22
2011
Ruling
Discharge denied due to concealment of income.
Procedural posture
Plaintiff property tax commissioner filed an action against defendant debtor in which plaintiff sought denial of defendant's discharge under 11 U.S.C.S. § 727(a)(2)(B). Plaintiff filed a motion for summary judgment.
ABI Membership is required to access the full summary of Armstrong v. McGinnis (In re McGinnis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Nevels v. Caples (In re Caples)
Jul
07
2011
Ruling
Debtor's reckless day trading of creditor's funds resulted in nondischargeable debt.
Procedural posture
Creditor filed an adversary complaint against defendant debtor to determine dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6).
ABI Membership is required to access the full summary of Nevels v. Caples (In re Caples) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Winder
Jul
01
2011
Ruling
Voluntary dismissal granted despite debtor's failure to abide by confirmation order, but with 180-day re-filing bar.
Procedural posture
A debtor filed a motion to voluntarily dismiss his chapter 13 case pursuant to 11 U.S.C.S. § 1307(b).
ABI Membership is required to access the full summary of In re Winder Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: