- 11 U.S.C.
WBRE Inc. v. Estate of Dalton (In re Dalton)
Dec
02
2009
Ruling
Debtor and father did not violate fiduciary duty while acting on behalf of creditor corporation.
Procedural posture
Plaintiffs, a real estate investment corporation and its sole shareholder, brought an action against defendants, a bankruptcy debtor and the estate of the debtor's deceased father who were formerly officers and shareholders of the corporation, alleging that the debtor and his father engaged in misconduct with regard to the corporation after the debtor filed his bankruptcy petition. The debtor and the estate moved for summary judgment.
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McDow v. Korfonta (In re Korfonta)
Dec
02
2009
Ruling
Failure to file individual tax returns could be grounds for denial of discharge.
Procedural posture
Plaintiff United States Trustee brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to maintain adequate records, both individually and as an insider of a company which was also in bankruptcy. The Trustee moved for summary judgment.
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Court
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- 11 U.S.C.
In re Cassini
Nov
16
2009
Ruling
Claim filed one day after bar date disallowed despite late filing being due to debtor's failure to list creditor.
Procedural posture
A bankruptcy trustee objected to a creditor's claim against a bankruptcy debtor's estate which was filed one day after the claim bar date in the debtor's chapter 13 bankruptcy case.
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Court
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- 11 U.S.C.
AAFCOR LLC v. Shelton (In re Shelton)
Nov
04
2009
Ruling
Alleged fraud on part of debtor's brother was not basis for nondischargeability of alleged debt where creditor had actual notice of facts.
Procedural posture
Creditor filed an action against defendants, a debtor, his brother, and others, alleging fraud, conspiracy, and partnership claims. the creditor also argued that the debt of the debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) or (B). The creditor, the debtor, and the brother filed cross motions for summary judgment.
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Court
:
- 11 U.S.C.
Khan v. Chen (In re Chen)
Nov
03
2009
Ruling
Failure to disclose property transfer that was not material and not made with intent to defraud was not grounds for denial of discharge.
Procedural posture
Defendant debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Plaintiff judgment creditor filed an adversary proceeding objecting to the debtor's discharge. The creditor alleged that the debtor violated 11 U.S.C.S. § 727(a)(4)(A) by knowingly and fraudulently making a false statement on her filed schedules and statement of financial affairs and in her testimony at a meeting of creditors.
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Court
:
- FRBP
Carter v. Checkmate Cash Advance Centers LLC (In re Carter)
Oct
23
2009
Ruling
Minimal damages awarded for unauthorized publication of debtor's personal information in attachment to proof of claim that was quickly rectified.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendant creditor, asserting claims for the unauthorized publication of the debtor's unredacted social security number and unredacted bank account number in an attachment to the creditor's claim. The claim had been promptly stricken by the court. The debtor applied for a default judgment on the complaint after the creditor failed to respond to the complaint.
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Phoenix Turf Farms LLC v. Hansen Mueller Co. (In re Phoenix Turf Farms LLC)
Oct
15
2009
Ruling
Stakeholder's motion for interpleader in response to debtor's attempt to recover funds granted.
Procedural posture
Plaintiff, a chapter 12 debtor in possession, brought an action to recover funds owed to the estate pursuant to 11 U.S.C.S. § 542(b), against defendant, the stakeholder of proceeds from a sale of wheat. The stakeholder filed a motion for interpleader, and joined several additional parties who had made claims to the proceeds. The stakeholder moved for summary judgment, and its attorney's fees with respect to the complaint.
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Court
:
- 11 U.S.C.
GE Capital Corp. v. Emergystat Inc.
Sep
30
2009
Ruling
Creditor's security interests in accounts that predated IRS lien had priority over the tax lien.
Procedural posture
Plaintiff creditor sued defendant debtors, seeking repayment of a loan and foreclosure of its liens and security interests securing that obligation. Although the debtors provided no opposition to the motion, the United States government intervened to assert the priority of a federal tax lien over the creditor's security interest in collateral securing repayment. The creditor moved for summary judgment and for entry of judgment on priority.
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Court
:
- 11 U.S.C.
Twentieth Century Land Corp. v. Landmark North Freeway Ltd. (In re Bill Heard Enters. Inc.)
Sep
11
2009
Ruling
Transfer of interest in real property from partnership to bank and LLC avoided where warranty deed from debtor to partnership was never recorded.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendants, a Texas limited partnership and others, seeking an order avoiding a pre-petition transfer of an interest in real property pursuant to 11 U.S.C.S. § 544(a)(3). The debtor amended its complaint to add a bank as a defendant, and the bank filed counterclaims against the debtor. The debtor and the bank filed cross- motions for summary judgment.
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Court
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In re Wise
Sep
02
2009
Ruling
Creditor's motion to set aside plan confirmation for debtors' failure to obtain required credit counseling until the petition date denied.
Procedural posture
Debtors filed a petition under chapter 13, and a trustee who was appointed to administer the debtors' bankruptcy estate. A creditor filed a motion to set aside the court's order confirming the debtors' chapter 13 plan and to dismiss the case. The trustee opposed the creditor's motion.
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Court
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