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United States v. Marston

Sep
20
2012
Ruling
Conviction on second count of bankruptcy fraud reversed due to lack of proof that undisclosed debts existed on petition date.
Procedural posture

Defendant appealed a decision of the United States District Court for the District of New Hampshire, which convicted her on two counts of bankruptcy fraud, in violation of 18 U.S.C.S. § 152(2).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 20, 2012 , LexisNexis #1012-101
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United States (IRS) v. Paolo (In re Paolo)

Sep
08
2010
Ruling
Bankruptcy court's decision to abstain from hearing tax dispute was not appealable.
Procedural posture

Appellant debtor challenged the United States District Court for the District of Rhode Island's decision to abstain from deciding his tax dispute with appellee United States as an adjunct to his personal bankruptcy proceeding. The debtor claimed that Congress intended bankruptcy court to be an available forum to determine a debtor's tax liability even where the debtor's estate had no assets whose administration the tax issues might affect.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 08, 2010 , LexisNexis #0910-136
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Colonial Sur. Co. v. Weizman

May
06
2009
Ruling
Indemnity claims of surety that were not properly scheduled were not discharged.
Procedural posture

Surety company sued a construction company, an indemnitor, and other indemnitors, seeking reimbursement for expenses incurred by the surety company. The United States District Court for the District of Massachusetts rejected the indemnitor's bankruptcy discharge defense under 11 U.S.C.S. § 523 and found in favor of the surety company. The indemnitor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 06, 2009 , LexisNexis #0609-099
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Barroso-Herrans v. Lugo-Mender (In re Barroso-Herrans)

May
07
2008
Ruling
Bankruptcy court properly approved trustee's settlement of lawsuits where debtor's valuation of claimed exemption was dubious.
Procedural posture

Appellant debtors sought review of a decision of the U.S. District Court for the District of Puerto Rico, which upheld a bankruptcy court's approval of a litigation settlement in their chapter 7, 11 U.S.C.S. § 701 et seq., bankruptcy case that appellee trustee had unilaterally negotiated with a state agency.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 07, 2008 , LexisNexis #0608-029
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Ford v. Skorich (In re Skorich)

Mar
30
2007
Ruling
Deposit of funds into escrow for benefit of debtor's former spouse pursuant to divorce decree was not a preferential transfer.
Procedural posture

Appellee wife filed for divorce. Debtor husband filed a bankruptcy petition. The wife filed a motion with the bankruptcy court to obtain escrowed funds awarded to her in the divorce. Appellant trustee argued that the transfer to escrow agents was a preferential transfer avoidable under 11 U.S.C. § 547. The District Court for the District of New Hampshire held that the trustee could not avoid the transfer. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 30, 2007 , LexisNexis #0507-062
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Collins v. Great Atlantic Mortg. Corp. (In re Lazarus)

Jan
09
2007
Ruling
Debtor's refinance with original mortgagee was preferential subject to possible applicability of 547(c) exceptions.
Procedural posture

The District Court for the District of Massachusetts affirmed a bankruptcy court's entry of summary judgment in favor of creditor mortgagee in declining to set aside a mortgage on the ground that it constituted a preferential transfer pursuant to 11 U.S.C. § 547(b) in debtor co-owner's bankruptcy case. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 09, 2007 , LexisNexis #0207-025
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