Southern District

Tucker v. Turkey Creek Ltd. Liab. Co.

Appellant chapter 7 debtor challenged a decision of the bankruptcy court, which held that the debtor was collaterally estopped from relitigating the issue of whether debt owed to appellee creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(6).
Ruling: 
Court held that state court judgment did not collaterally estop debtor from challenging debt nondischargeability since constructive knowledge of falsity was not sufficient to support nondischargeability finding.
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In re Kane

In a proceeding asserted under chapter 7, the trustee objected to amended claimed exemptions that the debtor asserted to the funds maintained by the debtor in an individual retirement account ("IRA") and the trustee sought a turnover of the funds to the estate.
Ruling: 
Debtor was granted an exemption from estate property for an IRA created from a rolled over exempt employee stock ownership plan.
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In re E.S. Profl Servs.

Petitioning creditor filed an involuntary bankruptcy petition under 11 U.S.C. § 303(b)(2) against the alleged debtor. The court conducted a trial on the involuntary bankruptcy petition.
Ruling: 
Creditor's involuntary petition was dismissed where the debtor showed that the debtor had more than twelve creditors and was generally paying its debts as they came due.
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In re Salazar

The chapter 7 trustee and the attorney for the trustee both filed applications for fees.
Ruling: 
Court compensated trustee and trustee's attorney based on funds actually distributed from the estate and rejected their "constructive disbursement"theory.
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