- 11 U.S.C.
Martinez v. Hutton (In re Harwell)
Sep
30
2011
Ruling
Attorney's limited liability corporation was liable for fraudulent transfer by debtor of settlement funds to LLC, which LLC paid to debtor and debtor's family members.
Procedural posture
Chapter 7 trustee filed an action against defendants, an attorney and his limited liability company (LLC). Plaintiff alleged liability under 11 U.S.C.S. § 550 as well as counts for aiding and abetting and civil conspiracy.
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Court
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- 11 U.S.C.
Walton v. Clark & Walsh PC
Jul
12
2011
Ruling
Prepetition acceptance and postpetition deposit of postdated checks for attorneys' fees violated stay.
Procedural posture
Plaintiff, the U.S. Trustee (UST), filed this miscellaneous proceeding seeking a declaration that defendant law firms's fee arrangement: (i) violated the 11 U.S.C.S. § 362 automatic stay (Count I), (ii) violated the 11 U.S.C.S. § 524 discharge injunction (Count II), and (iii) created a conflict of interest between the firm and its clients (Count III). The firm moved for entry of summary judgment in its favor on all three counts of the complaint.
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Court
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- 11 U.S.C.
Von Kahle v. Greenacre Prop. (In re Key Developers Group LLC)
Apr
15
2011
Ruling
Debtor's payments to management company, which received them in good faith, were not avoidable.
Procedural posture
In an action by plaintiff trustee against defendant management company under 11 U.S.C.S. § 550, both parties filed cross motions for summary judgment on the management company's defense under § 550(b)(1) that it took the avoided transfers it received from the debtor in good faith and without knowledge of the voidability of the transfer avoided.
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Court
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In re Wilson
Feb
24
2011
Ruling
Debtor could not belatedly claim state exemption not set forth in original Schedule C.
Procedural posture
Before the court was the trustee's motion to compel turnover and the trustee's objection to debtor's Amended Schedule C.
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Court
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In re Young
Sep
28
2010
Ruling
Bank acted properly in freezing debtor's accounts pending advice of trustee and did not violate stay.
Procedural posture
Debtor filed a motion seeking sanctions against his bank for violation of the automatic stay and an order directing the bank to immediately release the accounts he maintained with the bank to him.
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Court
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In re Nichols
Sep
17
2010
Ruling
Revocable trust was property of the estate.
Procedural posture
A creditor filed a motion seeking a determination that the sole asset of a revocable, self-settled trust established by a Chapter 11 debtor was not property of the estate under 11 U.S.C.S. § 541(a). In addition, the creditor sought relief from stay under 11 U.S.C.S. § 362 to pursue its interest in the trust.
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Court
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In re Davis
Apr
22
2009
Ruling
Involuntary debtor's interest in home owned by entireties with non-debtor spouse properly claimed exempt under state law.
Procedural posture
A debtor was placed in an involuntary chapter 11 proceeding under the Bankruptcy Code, and the debtor asserted a claimed exemptions in a Florida home, pursuant to Fla. Const. art. 10 § 4(a)(1), retirement assets, and certain personal property items. The original petitioning creditors objected to the debtor's claimed exemptions and the parties filed motions for summary judgment.
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Court
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In re Ralston
Feb
10
2009
Ruling
Debtor could claim ownership expense deduction on pickup truck owned free and clear.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss pursuant to 11 U.S.C.S. § 707(b)(2), , alternatively, 11 U.S.C.S. § 707(b)(3). On Official Bankr. Form 22A, the debtors deducted mortgage payments for a home that they intended to surrender and included an ownership costs deduction for a vehicle which was owned free and clear. The UST argued that two deductions were improper. The parties filed cross-motions for summary judgment.
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Court
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In re Estrada
May
23
2008
Ruling
Creditor was entitled to deficiency on claim secured by surrendered "910" vehicle pursuant to state law.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. As part of the plan, the debtors proposed to surrender their vehicle, purchased within 910 days of the bankruptcy petition, for full satisfaction of the creditor's claim. The creditor objected to confirmation of the plan.
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Court
:
- 11 U.S.C.
In re Anchor Glass Container Corp.
Sep
10
2007
Ruling
Prepetition municipal tax claim did not qualify for administrative status.
Procedural posture
Before the court was the City of Warner Robins, Georgia's request for allowance of an administrative claim in the amount of $351,422 for real and personal property taxes for the year 2005 (the tax claim), and objections of debtor and trustee thereto.
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Court
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