Skip to main content

Page Banner(Taxonomy)

judge specie

In re Bos

Ruling
Involuntary cases that were primarily disputes between debtors and petitioning creditor dismissed.
Issue(s)
Should involuntary petitions be dismissed where there was only one petitioning creditor, debtors were generally paying debts as they become due and the cases involved a two party dispute between debtors and petitioning creditor?

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

Consumer opinion summary, case decided on March 11, 2016 , LexisNexis #0416-002

In re Baker

Ruling
Post-dismissal, pro se letter to court stricken as not signed by debtor or lawyer.
Issue(s)
Should pro se letter or motion filed by nondebtors to overturn dismissal of debtor's case be given legal effect?

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

Consumer opinion summary, case decided on January 29, 2016 , LexisNexis #0416-105

Daake v. C.D. Jones & Co (In re C.D. Jones & Co.)

Ruling
Action to collect judgment against debtor's principal was properly removed to bankruptcy court.
Issue(s)
Were state court collection proceedings against debtor's principal properly removed to the bankruptcy court?

ABI Membership is required to access the full summary of Daake v. C.D. Jones & Co (In re C.D. Jones & Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 12, 2015 , LexisNexis #0615-032

Venn v. Thacker (In re Thacker)

Ruling
Discharge denied due to debtor's concealed transfer of assets to trust to delay, hinder or defraud creditors.
Issue(s)
Was debtor's concealed transfer of assets to a trust grounds for denial of discharge?

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

Consumer opinion summary, case decided on April 22, 2015 , LexisNexis #0615-096

Bender v. James (In re Hintze)

Ruling
Trustee could avoid security interest that was insufficient under state law.
Issue(s)
Was security interest in "in all of Maker's assets" sufficiently specific to prevent avoidance by trustee?

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

Consumer opinion summary, case decided on February 11, 2015 , LexisNexis #0315-053

In re Blackburn

Ruling
Debtor could not strip down IRS lien secured by interest in all of debtors' property.
Issue(s)
Could debtors strip down multiple liens securing an IRS claim based on the value of one specific parcel of liened property?

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

Consumer opinion summary, case decided on February 03, 2015 , LexisNexis #0315-044

Holoka v. Deutsche Bank Natl Trust Co. (In re Holoka)

Ruling
Request for deficiency judgment was at least a technical violation of the discharge injunction.
Issue(s)
Did lender's postdischarge request for a deficiency judgment violate the automatic stay?

ABI Membership is required to access the full summary of Holoka v. Deutsche Bank Natl Trust Co. (In re Holoka) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 22, 2014 , LexisNexis #0315-089

In re Thomas

Ruling
Surcharge and turnover of exempt IRA not warranted by omission of prepetition contracts from statements and schedules.
Issue(s)
Was trustee entitled to surcharge and turnover of debtor's exempt IRA.

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

Consumer opinion summary, case decided on August 08, 2013 , LexisNexis #0114-087

SunTrust Bank v. Mitchell (In re Mitchell)

Ruling
Discharge denied due to pattern of concealment and reckless indifference to the truth.
Procedural posture

Debtors, a husband and a wife, filed a voluntary petition for chapter 7 relief. The bank filed an adversary proceeding seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2), (4), and (5). The bank moved for summary judgment.

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

Consumer opinion summary, case decided on July 15, 2013 , LexisNexis #0813-062