- 11 U.S.C.
In re Trigeant Holdings Ltd.
Mar
26
2015
Ruling
Lost profits claim estimated by court so as not to delay administration.
Issue(s)
Should creditor's lost profits claim be estimated by the bankruptcy court?
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Court
:
- 28 U.S.C.
In re Trigeant Holdings Ltd.
Jan
16
2015
Ruling
Creditor's claim was subject to uniform federal interest rate.
Issue(s)
Was creditor's federal judgment claim subject to the uniform interest rate imposed by 28 U.S.C.S. § 1961?
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Court
:
- 28 U.S.C.
Bakst v. Smokemist Inc. (In re Gladstone)
Jul
07
2014
Ruling
Bankruptcy court had subject matter jurisdiction over trustee's alter ego claims.
Issue(s)
Did bankruptcy court have jurisdiction over trustee's alter ego claims?
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Court
:
- 11 U.S.C.
Nguyen v. Biondo (In re Biondo)
Jun
13
2014
Ruling
Judgment for trademark infringement and cybersquatting was nondischargeable.
Issue(s)
Was district court judgment for trademark infringement and cybersquatting nondischargeable?
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Court
:
- 11 U.S.C.
Wendt v. United States (In re Wendt)
Nov
27
2013
Ruling
IRS did not violate discharge injunction by seeking to collect taxes due pursuant to late filed return, which did not qualify as a "return" under the Bankruptcy Code.
Issue(s)
Did IRS violate discharge injunction by seeking to collect taxes for year in which debtor did not file a timely return?
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Court
:
In re Vicor Techs.
Apr
05
2013
Ruling
Motion to dismiss involuntary petition denied where it was not disputed that debtor was not paying debts as they came due.
Procedural posture
This case was commenced by the filing of an involuntary chapter 7 petition against the alleged debtor by 13 Petitioning Creditors. The alleged debtor filed a Motion to Dismiss Involuntary Petition, or, alternatively, for other relief. The Petitioning Creditors filed a Motion for Summary Judgment. Prior to setting an evidentiary hearing on the Motion to Dismiss, the court found it appropriate to rule on the Motion for Summary Judgment.
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Court
:
- 11 U.S.C.
Bakst v. United States (In re Kane & Kane)
Mar
25
2013
Ruling
Tax payments by debtor partnership on behalf of partners were not fraudulent transfers.
Procedural posture
Trustee brought an adversary proceeding against defendant United States alleging that payments from a bankruptcy debtor to the government to pay the personal income taxes of the general partners of the debtor were avoidable as fraudulent transfers under 11 U.S.C.S. § 548 and state law.
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Court
:
British Am. Isle of Venice Ltd. v. Fullerton (In re British Am. Ins. Co.)
Jan
18
2013
Ruling
Order on motion to dismiss adversary proceeding in chapter 15 case submitted to district court after withdrawal of reference.
Procedural posture
Plaintiff chapter 15 debtors, an insurance company organized under the law of The Bahamas and its subsidiary that was incorporated under British Virgin Islands ("BVI") law, filed adversary proceedings against defendants, their former directors, an individual who assisted the directors in purchasing land in Florida, and an LLC, seeking an order, inter alia, that rescinded the purchase. The LLC and the individual filed a motion to dismiss.
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Court
:
- 11 U.S.C.
In re Jackson
Oct
25
2012
Ruling
Late filed unsecured deficiency claim disallowed.
Procedural posture
Creditor mortgagee sought the allowance of its unsecured claim for a purported deficiency on top of its secured claim in the amount of $514,533.37. The chapter 13 trustee filed an objection to the unsecured claim as untimely. The trustee also raised an ore tenus motion to dismiss this case.
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Court
:
In re Tibbs
Aug
31
2012
Ruling
Plan modified to allow debtor to accelerate remaining distributions with single lump sum payment.
Procedural posture
Chapter 13 debtors filed a motion to modify their confirmed plan to allow the approval of an early payoff of the principal balance on the plan in a single payment, before the applicable commitment period of five years had run, without paying allowed unsecured claims in full. No creditor objected, but the trustee asserted that the modification was improper.
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Court
: