Skip to main content

Page Banner(Taxonomy)

judge briskman

Turner v. Burnworth (In re Carrier)

Ruling
Permanent injunction and fines issued against ankruptcy petition preparer engaged in unauthorized practice of law.
Procedural posture

Plaintiff United States Trustee brought a complaint asserting multiple violations of 11 U.S.C. § 110 against defendants, a nonattorney preparer of bankruptcy petitions and related documents who did not operate as a paralegal under the supervision or control of an attorney, and her business entity. The trustee sought monetary and injunctive relief.

ABI Membership is required to access the full summary of Turner v. Burnworth (In re Carrier) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 02, 2006 , LexisNexis #1106-018

In re Mack

Ruling
Relief from stay granted to allow state fraud litigation to proceed due to debtor's egregious conduct.
Procedural posture

The chapter 7 matter came before the court for findings of fact and conclusions of law on an Amended Motion for Partial Relief from the Automatic Stay, and a Motion for Relief from the Automatic Stay filed by movants, various insurance companies that had instituted civil actions against debtor and others in the District Court for the Eastern District of Kentucky (the Kentucky Litigation).

ABI Membership is required to access the full summary of In re Mack Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on July 10, 2006 , LexisNexis #1006-001

In re Brown

Ruling
Claim for treble damages for debtor's fraudulent medical invoices was unsecured and unliquidated and did not cause debtor to exceed chapter 13 debt ceiling.
Procedural posture

An unsecured creditor and a trustee filed motions to dismiss a debtor's chapter 13 bankruptcy case on the ground that the debt owed to the creditor exceeded the debt ceiling set forth in 11 U.S.C. § 109(e).

ABI Membership is required to access the full summary of In re Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 23, 2006 , LexisNexis #1006-003

In re Glover

Ruling
Petition filed by debtor who did not obtain credit counseling did not commence a case.
Procedural posture

The United States Trustee filed a motion to dismiss a debtor's bankruptcy case for failure to comply with 11 U.S.C. § 109(h)(1).

ABI Membership is required to access the full summary of In re Glover Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 19, 2006 , LexisNexis #1006-036

In re Hackney

Ruling
Successor to debtor's original counsel ordered to disgorge fees due to failure to make proper disclosures.
Procedural posture

The law practice of bankruptcy debtors'counsel was purchased by another attorney who substituted for prior counsel, and the attorney received fees from the debtors and from the proceeds of refinancing the debtors'home. The trustee moved to compel the attorney to disgorge the fees for failure to comply with disclosure requirements of 11 U.S.C. § 329 and Fed. R. Bankr. P. 2016, the attorney petitioned for an award of additional fees.

ABI Membership is required to access the full summary of In re Hackney Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 15, 2006 , LexisNexis #1006-039

Porter v. United States of America (In re United States of America)

Ruling
Involuntary proceeding against the United States, which was not an eligible debtor, dismissed as filed in bad faith.
Procedural posture

The United States filed a motion to dismiss an involuntary chapter 7 bankruptcy petition filed against it by pro se petitioning creditors.

ABI Membership is required to access the full summary of Porter v. United States of America (In re United States of America) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 01, 2006 , LexisNexis #1006-038

In re Carey

Ruling
Debtors'request for waiver of a credit counseling certificate was denied and their petition was stricken since they had not requested credit counseling services at least five days before filing.
Procedural posture

Movant debtors filed a request for waiver of the credit counseling certificate at the time of filing their chapter 7 bankruptcy petition due to exigent circumstances. The bankruptcy court held an evidentiary hearing on the request.

ABI Membership is required to access the full summary of In re Carey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 16, 2006 , LexisNexis #0606-039

Tip Top Tree Experts LLC v. Corley (In re Corley)

Ruling
Debt was deemed dischargeable since debtors had not knowingly and fraudulently made a false oath or made false representations to deceive.
Procedural posture

Plaintiff creditor sued defendant debtors, seeking to have a debt for tree removal services deemed nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and to have the debtors'discharge denied pursuant to 11 U.S.C. § 727(a)(4) and (a)(2)(A). The court held an evidentiary hearing. Plaintiff filed a motion to amend the complaint to conform to the evidence, seeking to include 11 U.S.C. § 523(a)(4) and (a)(6) nondischargeability counts.

ABI Membership is required to access the full summary of Tip Top Tree Experts LLC v. Corley (In re Corley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 09, 2006 , LexisNexis #0606-090

In re Dunlap

Ruling
Creditor's objection to trustee's proposed sale of vehicle was overruled since trustee properly noticed sale and creditor did not have valid security interest.
Procedural posture

A chapter 7 matter came before the court on the Notice of Trustee's Intent to Sell Property of the Estate to the Debtor, and the Notice of Objection filed by a creditor.

ABI Membership is required to access the full summary of In re Dunlap Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 28, 2006 , LexisNexis #0606-082

Barber v. Banker (In re Banker)

Ruling
Judgment debt was deemed nondischargeable and debtor was collaterally estopped from challenging state court fraud findings since state common law fraud elements were virtually identical to those found in section 523(a)(2)(A).
Procedural posture

Plaintiff former wife sued defendant debtor, seeking a determination that a judgment debt was nondischargeable under 11 U.S.C. § 523 and that the findings of fraud by the California state court in the judgment established the nondischargeability of the judgment debt. The wife moved for summary judgment. The court held an evidentiary hearing.

ABI Membership is required to access the full summary of Barber v. Banker (In re Banker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 13, 2006 , LexisNexis #0606-091