- 11 U.S.C.
Belmont Wine Exch. LLC v. Nascarella (In re Nascarella)
May
10
2013
Ruling
Denial of discharge denied as transfer to spouse to pay legitimate creditors did not warrant finding of fraud.
Procedural posture
Creditor brought an adversary action alleging that debtor should be denied a discharge under 11 U.S.C.S. § 727(a)(2). The debtor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Engler v. Herrling (In re Engler)
Apr
11
2013
Ruling
Fraudulent transfers pursuant to Ponzi scheme were not avoidable as transferee provided value or was mere conduit and acted in good faith.
Procedural posture
Plaintiff, the chapter 7 Trustee, brought a fraudulent transfer action pursuant to 11 U.S.C.S. § 548(1)(1)(A) against defendant transferee. The matter was before the court for judgment following a trial.
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Court
:
- 11 U.S.C.
In re Plummer
Jan
14
2013
Ruling
Condominium association lien encumbering debtor's primary residence could be stripped off where first mortgage exceeded value of property.
Procedural posture
Before the court was debtor's motion to determine secured status of a creditor (condominium association).
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Court
:
- 11 U.S.C.
Reinhardt v. Reinhardt (In re Reinhardt)
Oct
01
2012
Ruling
Obligation to indemnify and hold former spouse harmless for joint debts incurred during marriage was nondischargeable.
Procedural posture
A chapter 7 debtor's former wife sought summary judgment in her adversary proceeding to except from discharge obligations that were owed directly to her and the couple's children, including an obligation to indemnify and hold her harmless on obligations to joint creditors under a marital settlement agreement (MSA). She sought a declaration that the underlying obligations owed to joint creditors were themselves nondischargeable.
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Court
:
- 11 U.S.C.
Walton v. Clark & Washington PC
Apr
20
2012
Ruling
Two contract procedure used by debtors' counsel was permissible.
Procedural posture
Plaintiff, the U.S. Trustee (UST) for Region 21, originally filed this miscellaneous proceeding seeking a declaration that the prepetition fee agreement defendant law firm used at the time, which depended upon the use of postdated checks for payment, was impermissible. The court agreed with the U.S. Trustee's position. The U.S. Trustee now sought a determination as to whether a new two-contract procedure used by the firm was permissible.
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Court
:
In re Moseley
Apr
20
2012
Ruling
Deadline for objecting to discharge extended due to late discovery of damage caused by debtor to property.
Procedural posture
A creditor, a foreclosing mortgagor, moved to extend the deadlines for objecting to discharge under 11 U.S.C.S. § 727(a) and for determining the dischargeability of its debt under 11 U.S.C.S. § 523, arguing it did not learn, until after the deadlines had passed when it gained access to the property, that the debtor had caused extensive damage (in excess of $100,000) to the property.
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Court
:
- 28 U.S.C.
In re RX Realty Inc.
Mar
01
2012
Ruling
Bankruptcy court lacked jurisdiction to stay enforcement of judgment against debtor's former employee and assignee.
Procedural posture
Movant sought to stay enforcement of a judgment for costs entered against him by a state court.
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Court
:
In re Scantling
Feb
24
2012
Ruling
Eligibility for discharge is not a prerequisite to stripping off wholly unsecured junior lien.
Procedural posture
Chapter 13 debtor, who was ineligible for a discharge because she had previously received a discharge of her debts in a chapter 7 case filed within four years of her chapter 13 filing, sought to strip off a wholly unsecured junior mortgages encumbering her principal residence. The creditor second mortgagee objected.
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Court
:
- 11 U.S.C.
In re Pitts
Jan
06
2012
Ruling
Otherwise conforming reaffirmation agreement with pro se debtor was unenforceable where mandatory hearing had not been held.
Procedural posture
After debtors' chapter 7 case was closed, movant creditor foreclosed on property that had been the subject of a 11 U.S.C.S. § 524 reaffirmation agreement and sought orders enforcing that agreement. Debtors opposed relief on claims that the agreement, having not been entered into in strict compliance with § 524, was not enforceable with the result that their liability for any deficiency was discharged.
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Court
:
- 11 U.S.C.
In re Anson
Sep
30
2011
Ruling
Bank's claim reduced to amount of deficiency to prevent double recovery.
Procedural posture
Debtors filed a petition under Chapter 11 of the Bankruptcy Code, and a savings bank filed a proof of claim against the debtors' bankruptcy estate, seeking payment of $359,561 plus interest on two state court judgments. The debtors filed an objection to the bank's claim, pursuant to 11 U.S.C.S. § 502.
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Court
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