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FIA Card Servs. v. Flowers (In re Flowers)

Jul
11
2008
Ruling
Credit card cash advance properly held to be dischargeable.
Procedural posture

In an appeal to the district court, appellant creditor challenged two decisions of the United States Bankruptcy Court for the Middle District of Alabama in an adversary proceeding: (1) its summary-judgment holding that appellee debtor's credit-card cash-advance debt to the creditor was dischargeable and (2) its award of attorney's fees to debtor from creditor.

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Consumer opinion summary, case decided on July 11, 2008 , LexisNexis #0808-044
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Aalfs v. Wirum (In re Straightline Invs.)

May
08
2008
Ruling
Bankruptcy court properly avoided transfer of accounts receivable in exchange for funds as a disguised loan.
Procedural posture

Appellant creditor appealed the decision by the Ninth Circuit Bankruptcy Appellate Panel (BAP) that affirmed a bankruptcy court's judgment in favor of appellee bankruptcy trustee under 11 U.S.C.S. § 549(a) which avoided the transfer to the creditor of the debtor's accounts receivable which had a face value of approximately $ 200,600.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 08, 2008 , LexisNexis #0608-031
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In re Mi La Sul

Nov
09
2007
Ruling
Involuntary petitions filed by unsecured creditor in order to negotiate with foreclosing lender during stay dismissed as filed in bad faith.
Procedural posture

A noticed order to show cause hearing was before the court in six related involuntary bankruptcy cases.

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Court :
( Judge Tighe ) [ Bankruptcy Court ]
Commercial opinion summary, case decided on November 09, 2007 , LexisNexis #1207-071
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Moldo v. Albers (In re Sheridan)

Nov
09
2006
Ruling
Abandonment of debtor's interest in company was revoked upon reopening of case.
Procedural posture

Defendant filed a motion to dismiss claims brought by chapter 7 trustee, which sought declaratory relief, sought to enjoin defendant from taking any actions on behalf of a company of which debtor was the president, alleged a violation of the discharge injunction pursuant to 11 U.S.C. § 524(a)(2), sought an order that defendant turn over debtor's shares in the company, and sought sanctions against defendant.

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opinion summary, case decided on November 09, 2006 , LexisNexis #1206-067
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Snowden v. Freds Stores of Tenn. Inc.

Mar
10
2006
Ruling
Former employee was not judicially estopped from bringing an FLSA action for simply delaying by four months amending the debtor's chapter 13 bankruptcy schedule to include the potential claim.
Procedural posture

Plaintiff employee filed a notice of consent to become part of a class action to recover unpaid overtime wages brought against defendant employer pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201, et seq. The employer filed motions for summary judgment as to the employee's claim on the basis of judicial estoppel.

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opinion summary, case decided on March 10, 2006 , LexisNexis #0306-121
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