Judge Barrett

Squire v. D.B. Zwiru Special Opportunities Fund FP

Debtor sought review of an order of the Bankruptcy Court of the Southern District of Ohio, which dismissed, for lack of standing, his counterclaim against appellee creditor for breach of the implied covenant of good faith and fair dealing and violations of the Racketeer Influenced and Corrupt Organization Act (RICO).
Ruling: 
Debtor did not have standing to pursue counterclaims in adversary proceeding that properly belonged to trustee.
ABI Membership is required to access the full summary of Squire v. D.B. Zwiru Special Opportunities Fund FP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2009, LexisNexis #0509-026

In re Molitor

The United States Trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy petition, based upon the presumption of abuse under 11 U.S.C.S. § 707(b)(2) and the totality of the circumstances under 11 U.S.C.S. § 707(b)(3). The Trustee filed a motion for extension of time to file a motion to dismiss pursuant to Interim Fed. R. Bankr. P. 1017(e)(1) and 4004(a) regarding potential 11 U.S.C.S. §§ 707(b) and 727 claims.
Ruling: 
Trustee's last minute request for extension of time to file additional motion to dismiss denied.
ABI Membership is required to access the full summary of In re Molitor. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 05,2008, LexisNexis #1208-120

In re Kelton

A chapter 13 debtor filed a motion to strike an auditor's report, which had been prepared pursuant to § 603 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, § 603, 119 Stat. 23, 122 (2005), and 28 U.S.C.S. § 586(f). The United States Trustee filed a motion for a Fed. R. Bankr. P. 2004 examination. The debtor filed a motion for a protective order.
Ruling: 
Motion to strike auditor's report denied and Rule 2004 examination ordered.
ABI Membership is required to access the full summary of In re Kelton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0708-025

Pages

Subscribe to Judge Barrett