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Tobin v. Labidou (In re Labidou)

Sep
08
2009
Ruling
Judgment that did not include specific findings as to debtor's fraud was not basis for nondischargeability.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that the debtors' judgment debt to the creditor was not dischargeable in the debtors' bankruptcy under 11 U.S.C.S. § 523(a) based on the debtors' fraud and larceny. The creditor moved for summary judgment based on the preclusive effect of the state-court judgment.

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Consumer opinion summary, case decided on September 08, 2009 , LexisNexis #1009-080
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In re Foster

Feb
11
2009
Ruling
Debtor allowed deduction for payments on debt secured by property intended for surrender.
Procedural posture

A debtor filed for relief under chapter 7. A trustee filed a motion to dismiss under 11 U.S.C.S. § 707(b)(1) based on a presumption of abuse arising under 11 U.S.C.S. § 707(b)(2) and abuse arising under § 707 (b)(3). The court addressed a motion to dismiss under § 707 (b)(2) only.

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Consumer opinion summary, case decided on February 11, 2009 , LexisNexis #0409-125
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In re Leonard

Feb
02
2009
Ruling
New third count added in proceeding for denial of discharge dismissed as untimely.
Procedural posture

Debtor filed for relief under chapter 7. Chapter 7 trustee, filed an amended adversary proceeding, objecting to a discharge. The debtor filed a motion to dismiss the amended adversary proceeding.

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Consumer opinion summary, case decided on February 02, 2009 , LexisNexis #0409-126
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In re Proven Methods Seminars LLC

Dec
15
2008
Ruling
Stay in prior involuntary case did not bar granting of voluntary chapter 11 debtor's motion to employ counsel or continue operating on interim basis.
Procedural posture

After filing a voluntary chapter 11 case, the debtor applied to employ bankruptcy counsel and filed several motions to continue operating. Three objecting parties filed objections to the application and motions, contending that proceedings in the case were stayed pursuant to Fed. R. Bankr. P. 1014(b) as a result of an involuntary chapter 7 petition previously filed against the debtor in another bankruptcy court.

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Commercial opinion summary, case decided on December 15, 2008 , LexisNexis #0409-134
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