- 11 U.S.C.
In re Hannon
Jul
09
2014
Ruling
IRS was not entitled to proceeds of sale of debtors' fully encumbered property in which debtor had claimed a homestead exemption.
Issue(s)
Was the IRS entitled to proceeds of the sale of property in which debtor had asserted a homestead exemption?
ABI Membership is required to access the full summary of In re Hannon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
ABCD Holdings LLC v. Hannon (In re Hannon)
Jun
10
2014
Ruling
Discharge denied due to debtor's false statements on monthly operating reports.
Issue(s)
Should debtor's discharge be denied due to false statements made on monthly operating reports?
ABI Membership is required to access the full summary of ABCD Holdings LLC v. Hannon (In re Hannon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Young v. Safe Home Sec. Inc. (In re Young)
Apr
08
2014
Ruling
Creditor sanctioned for violating discharge injunction but claim for intentional infliction of emotional distress was a tort claim that had to be decided by district court.
Issue(s)
Should creditor be sanctioned for damages caused by violation of discharge injunction, including for intentional infliction of emotional distress?
ABI Membership is required to access the full summary of Young v. Safe Home Sec. Inc. (In re Young) 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 DItalia
Mar
18
2014
Ruling
Debtor could avoid judgment lien as impairing homestead exemption despite earlier waiver.
Issue(s)
Did debtor's alleged waiver of homestead exemption prevent avoidance of a judgment lien impairing the exemption?
ABI Membership is required to access the full summary of In re DItalia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Faria v. Silva (In re Silva)
Jan
21
2014
Ruling
One of two loan debts, which was created in reasonable reliance on debtor employer's promise, was nondischargeable as was debt for failure to pay wages.
Issue(s)
Were two loan debts nondischargeable as extended in reliance on debtor employer's promises to repay and was debt for unpaid wages nondischargeable.
ABI Membership is required to access the full summary of Faria v. Silva (In re Silva) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Noonan
Jan
15
2014
Ruling
Objection to homestead exemption overruled absent fraud and where declaration of homestead was not a disposition of property.
Issue(s)
Should debtors' homestead objection be disallowed on grounds of fraud.
ABI Membership is required to access the full summary of In re Noonan 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 McGuire
Jan
15
2014
Ruling
Debtor could claim homestead exemption in equitable interest in real property owned by non- debtor spouse.
Issue(s)
Was Debtor entitled to claim an exemption in a "homestead right" in property owned by non- debtor spouse pursuant to protection provided by state law.
ABI Membership is required to access the full summary of In re McGuire Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Peoples United Bank v. Bibbo (In re Bibbo)
Oct
29
2013
Ruling
Transfer of property by corporate entity, distinct from debtor, was not grounds for denial of discharge.
Issue(s)
Did transfer of property between corporate entities that were distinct from debtor created grounds for denial of discharge .
ABI Membership is required to access the full summary of Peoples United Bank v. Bibbo (In re Bibbo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kology
Sep
24
2013
Ruling
Lien on lot where debtor's residence was located impaired state homestead exemption and could be avoided.
Issue(s)
Did judgment creditor's lien impair a valid state homestead exemption in property intended for subdivision
ABI Membership is required to access the full summary of In re Kology 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 Fahey
Jun
11
2013
Ruling
Contributions owed to employee benefit plans were nondischargeable on grounds of fiduciary defalcation.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtor for a determination that contributions owed to employee benefit plans were nondischargeable under 11 U.S.C.S. § 523(a)(4). Summary judgment was granted to the debtor. The U.S. Bankruptcy Appellate Panel for the First Circuit reversed, holding that he was acting in a fiduciary capacity, and remanded for findings on the issue of whether nonpayment was a defalcation under § 523(a)(4).
ABI Membership is required to access the full summary of In re Fahey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: