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In re Benedetti

Jul
13
2007
Ruling
Debtor allowed to deduct payments on property intended for surrender in means test calculation.
Procedural posture

Chapter 7 debtor was a single woman who listed two leased vehicles on the date of her petition but subsequently surrendered one of the vehicles. The United States Trustee moved to dismiss the chapter 7 case as presumptively abusive pursuant to 11 U.S.C. § 707(b)(2).

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opinion summary, case decided on July 13, 2007 , LexisNexis #0907-010
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In re Zwirn

Feb
21
2007
Ruling
State court fraudulent transfer action was property of the estate.
Procedural posture

The chapter 7 trustee filed a motion to approve a settlement agreement with creditors. The underlying cause of action was brought in state court by a creditor (plaintiff creditor) against two defendant creditors and alleged a fraudulent transfer. A threshold issue was whether this fraudulent transfer claim was property of the bankruptcy estate.

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opinion summary, case decided on February 21, 2007 , LexisNexis #0407-066
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In re Pan Am. Hosp. Corp.

Feb
13
2007
Ruling
National Labor Relations Board filing of notice of unfair labor practice charge violated stay.
Procedural posture

The debtors obtained a court order to sell their property, and the court scheduled an in-court auction. The court issued a notice of opportunity to submit bids and qualified bidders were required to deliver fully executed asset purchase agreements. The regional director of the National Labor Relations Board ("NLRB") filed a notice of pendency of an unfair labor practice charge. The creditors'committee filed a motion to strike and sought sanctions.

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opinion summary, case decided on February 13, 2007 , LexisNexis #0407-129
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In re Petit-Louis

Jun
23
2006
Ruling
Court upheld waiver of credit counseling since debtor could not find credit counseling in debtor's native language.
Procedural posture

The debtor, who spoke limited English, could not obtain the requisite prefiling credit counseling in Creole, nor could he afford to hire an interpreter. The yrustee moved for reconsideration of the court's order granting the debtor a waiver of the credit counseling required by 11 U.S.C. § 109(h)(1). At the hearing on the matter, after resting, the trustee moved to introduce affidavits into evidence.

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opinion summary, case decided on June 23, 2006 , LexisNexis #0706-073
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In re Petit-Louis

Mar
01
2006
Ruling
Debtor with limited English skills was granted a waiver of the prefiling credit counseling requirement since none of the counseling agencies could provide counseling in the debtor's language of Creole.
Procedural posture

A chapter 7 debtor requested that the court waive the pre-bankruptcy counseling requirement pursuant to 11 U.S.C. § 109(h)(3). The assistant U.S. trustee did not support the request. The cause was heard pursuant to the court's notice of hearing on Debtor's Certification of Exigent Circumstances.

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opinion summary, case decided on March 01, 2006 , LexisNexis #0406-038
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