- 11 U.S.C.
Zucker v. Freeman (In re Netbank Inc.)
Feb
19
2010
Ruling
Payment to debtor's former CEO outside of preference period was not avoidable absent showing that CEO was an insider when paid less than one year prior to petition date.
Procedural posture
Plaintiff, the liquidating supervisor for a bank that declared chapter 11 bankruptcy, filed an adversary proceeding against defendant, the bank's former chief executive officer (CEO), seeking a determination that a transfer the bank made to the CEO before the bank declared bankruptcy was avoidable under 11 U.S.C.S. §§ 547 and 548. The CEO filed a motion to dismiss Count One of the complaint.
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Court
:
- 11 U.S.C.
Altman v. Southland Homes Corp. (In re Kronk)
Feb
08
2010
Ruling
Transferee's knowledge of debtor's financial difficulty was not sufficient evidence to avoid transfer as fraudulent.
Procedural posture
Chapter 7 trustee filed a complaint to avoid the transfer of property from the debtors to defendant transferee pursuant to 11 U.S.C.S. § 548(a)(1)(B) and to recover the property pursuant to 11 U.S.C.S. § 550.
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Court
:
- FRBP
Walker v. Clearpoint Fin. Solutions Inc. (In re Walker)
Sep
17
2009
Ruling
Sanctions awarded to credit counseling agency due to debtor's frivolous adversary proceeding.
Procedural posture
Debtor filed an adversary proceeding against defendant credit counseling agency, claiming that the agency was guilty of making fraudulent transfers, violated 11 U.S.C.S. § 526, breached its fiduciary duties, and engaged in self-dealing. The debtor filed a motion for leave to amend its complaint, and the agency filed a motion for sanctions pursuant to 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9011.
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Court
:
- 11 U.S.C.
In re Earnest
Mar
26
2009
Ruling
Debtors could claim state homestead exemption in property outside municipality that was separated from land where debtor's home was located by a fence.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code, and claimed a homestead exemption on real property, pursuant to Fla. Const. art. X, § 4(a)(1). A trustee objected to the claimed exemption.
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Court
:
- FRBP
In re Oullette
Mar
26
2009
Ruling
Real property, mobile homes and rent from one of the mobile homes were exempt property pursuant to state law.
Procedural posture
This chapter 7 case came before the court upon the trustee's objection to debtors' claim of exemption and motion for turnover.
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Court
:
In re Norwood-Hill
Mar
19
2009
Ruling
Debtor could claim deduction for secured payments on real property intended for surrender.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The United States Trustee filed a motion to dismiss, based upon a presumption of abuse under 11 U.S.C.S. § 707(b)(2) and abuse arising under 11 U.S.C.S. § 707(b)(3). The court held hearings and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Cohen v. Morais (In re Morais)
Feb
24
2009
Ruling
Transfer of property to debtors' son and his spouse for less than fair market value was avoidable.
Procedural posture
Trustee filed a complaint pursuant to 11 U.S.C.S. § 548 to avoid the transfer of property of debtors, a married couple, to debtors' adult son and his wife, and to recover the property transferred or its fair market value (FMV) pursuant to 11 U.S.C.S. § 550 and for turnover pursuant to 11 U.S.C.S. § 542. At issue was whether the transfer was avoidable pursuant to either § 548(a)(1)(A) or § 548(a)(1)(B).
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Court
:
In re Tauter
Feb
24
2009
Ruling
Case dismissed for abuse once voluntary contributions to thrift savings plan 401(k) were discounted as legitimate expenses.
Procedural posture
Before the court was the trustee's motion to dismiss debtor's chapter 7 bankruptcy pursuant to 11 U.S.C.S. § 707(b)(1), based on presumption of abuse arising under 11 U.S.C.S. § 707(b)(2) and abuse arising under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
Nibbelink v. Wells Fargo Bank (In re Nibbelink)
Feb
11
2009
Ruling
Bank that knowingly violated discharge injunction held liable for punitive damages.
Procedural posture
Chapter 13 debtors filed an adversary proceeding against bank, seeking damages for violation of a discharge injunction. Specifically, the debtors sought damages for overcharges to their account, damages for mental and emotional distress, punitive damages, attorney's fees, the removal of adverse entries from their credit bureau reports, and a daily fine. The court held an evidentiary hearing.
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Court
:
- 11 U.S.C.
In re Raulerson
Sep
09
2008
Ruling
Confirmation denied due to above median debtors' failure to properly complete Form B22C.
Procedural posture
The debtors sought confirmation of an amended chapter 13 bankruptcy plan. The chapter 13 trustee objected to the confirmation on the ground that the debtors were not paying all of their projected disposable income to their unsecured creditors. The bankruptcy court held a confirmation hearing.
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Court
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