In re ONeal
Nov
27
2007
Ruling
Attorney disbarred for personal use of escrow funds denied relief from stay to pursue contempt proceeding in probate court.
Procedural posture
The moving creditor, a disbarred attorney who formerly represented the debtor's brother in probate litigation, sought relief from the automatic stay imposed by 11 U.S.C. § 362(a), so he could continue a contempt proceeding pending in a probate court. The debtor filed an objection.
ABI Membership is required to access the full summary of In re ONeal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Birchall
Jul
03
2007
Ruling
Incarceration for civil contempt was within scope of automatic stay.
Procedural posture
A judgment creditor of a chapter 7 debtor filed a motion for a determination that the automatic stay of 11 U.S.C. § 362 did not apply to the debtor's incarceration for civil contempt. The debtor filed a motion to order the creditor to take all steps necessary to secure the immediate release of the debtor from incarceration.
ABI Membership is required to access the full summary of In re Birchall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Thurston
Jun
27
2007
Ruling
Settlement funds from lawsuit for damage to debtor's homestead were not exempt.
Procedural posture
A bankruptcy debtor claimed an exemption in his homestead and subsequently claimed an exemption in settlement proceeds from a state court action which alleged that abutters were liable for flood damage to the debtor's homestead. The trustee objected to the exemption of the settlement proceeds.
ABI Membership is required to access the full summary of In re Thurston Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Vickers v. Hurley (In re Hurley)
May
15
2007
Ruling
Discharge denied due to debtor's undisclosed transfer of business assets to LLC he controlled 30 days prior to petition date.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking a determination that the debtor was not entitled to a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3), (a)(4) and (a)(5).
ABI Membership is required to access the full summary of Vickers v. Hurley (In re Hurley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Boles v. Turner (In re Enivid Inc.)
Mar
16
2007
Ruling
Plan trustees not entitled to injunction preventing prosecution and settlement of securities class action cases against debtor's officers and directors.
Procedural posture
Pending were Motions for Preliminary Injunctions filed by plaintiff plan trustees. Pending also was a related joint motion for entry of an order to the extent necessary, approving the use of the director and officer policy proceeds to fund a securities litigation settlement preliminarily approved by the district court, filed by, inter alia, former officers and directors of a debtor. The trustee of one of the debtors opposed the joint motion.
ABI Membership is required to access the full summary of Boles v. Turner (In re Enivid Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Pina
Mar
06
2007
Ruling
Trustee could avoid debtor's co-tenant's unrecorded equitable interest in property as bona fide purchaser.
Procedural posture
Pending was the motion of a creditor and co-tenant to compel compliance with a state court order or, alternatively, to dismiss the case or grant relief from stay. Pursuant to the motion, the creditor and co-tenant primarily sought an order compelling the court to give effect to a final judgment of a Massachusetts court requiring debtor to convey her 51 percent interest in a property. The chapter 7 trustee and debtor opposed the motion.
ABI Membership is required to access the full summary of In re Pina Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Tinker
Nov
13
2006
Ruling
Secured creditors were not required to object to claimed homestead exemption until debtor challenged lien.
Procedural posture
Debtor moved to avoid the judicial liens of two creditors pursuant to 11 U.S.C. § 522(f) because the liens purportedly impaired his homestead exemption. The creditors challenged the validity of the debtor's claimed homestead exemption. Debtor argued that the creditors'failure to object to the claimed homestead exemption before the expiration of the 30 day deadline imposed by Fed. R. Bankr. P. 4003(b) precluded their challenge.
ABI Membership is required to access the full summary of In re Tinker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Riley v. Tougas (In re Tougas)
Nov
09
2006
Ruling
Denial of discharge not warranted where unproduced bank records could have been obtained via a 2004 examination and debtor had mitigating circumstances including illness.
Procedural posture
Chapter 7 trustee sought denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(3) and (a)(6) for debtor's alleged refusal and failure to produce certain documents and for her alleged unjustifiable failure to keep or maintain records from which her financial transactions could be ascertained.
ABI Membership is required to access the full summary of Riley v. Tougas (In re Tougas) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Farley v. Romano (In re Romano)
Oct
30
2006
Ruling
Debt held nondischargeable due to embezzlement by debtor from company to pay personal expenses.
Procedural posture
Creditor, a 50 percent shareholder of a company, filed complaints against chapter 7 debtors, the president and other 50 percent shareholder of the company and his wife, seeking a determination that a debt owed to him or to the company by debtors was nondischargeable pursuant to 11 U.S.C. § 523(a)(2) and (a)(4).
ABI Membership is required to access the full summary of Farley v. Romano (In re Romano) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Green v. Cornell Univ. (In re Green)
Jul
24
2006
Ruling
Debt was deemed nondischargeable since debtor failed to prove undue hardship.
Procedural posture
After filing a voluntary chapter 7 petition, plaintiff debtor sued defendant university and education loan companies, seeking a determination that debt arising from various educational loans should have been discharged under 11 U.S.C. § 523(a)(8) because repayment would have imposed an undue hardship upon him. The bankruptcy court conducted a trial.
ABI Membership is required to access the full summary of Green v. Cornell Univ. (In re Green) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: