- 11 U.S.C.
In re Anctil Plumbing & Mech. Contrs. Inc.
Mar
10
2009
Ruling
Post-conversion retainer in chapter 7 case was unauthorized and could be recovered by trustee.
Procedural posture
Applicant, an attorney retained by the corporate and individual debtors, sought the allowance of interim compensation and reimbursement of expenses for his representation in the converted cases. The chapter 7 trustee objected to parts of the application, and also to a retainer that had been paid pre-conversion, but also post-filing as to the initial chapter 11 filings.
ABI Membership is required to access the full summary of In re Anctil Plumbing & Mech. Contrs. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Lassman v. Hegarty (In re Hegarty)
Dec
16
2008
Ruling
Debtor's discarding of bank statements due to misunderstanding with trustee was not grounds for denial of discharge.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to revoke his discharge pursuant to 11 U.S.C.S. § 727(a)(3) or (a)(4)(D). The trustee asserted that the debtor failed to keep and produce or knowingly and fraudulently withheld statements and cancelled checks with respect to two separate bank accounts.
ABI Membership is required to access the full summary of Lassman v. Hegarty (In re Hegarty) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sternklar v. Heritgage Auction Galleries Inc. (In re Paul)
Nov
04
2008
Ruling
Fraud claims brought under Bankruptcy Code were not arbitrable.
Procedural posture
Plaintiff chapter 7 trustee and debtor sued defendant coin dealers, alleging, inter alia, breach of an employment agreement and fraudulent and preferential transfers of assets under a business relationship between the debtor and the dealers. Seeking to enforce arbitration clauses contained within various documents the debtor executed, the dealers moved to dismiss or stay and compel arbitration, or to dismiss pursuant to Fed. R. Civ. P. 9(b).
ABI Membership is required to access the full summary of Sternklar v. Heritgage Auction Galleries Inc. (In re Paul) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Reid
Oct
03
2008
Ruling
Bankruptcy case reopened to determine validity of release of tort claim.
Procedural posture
Following a chapter 7 discharge, an administrator of a decedent's estate sued the debtor in state court, seeking monetary damages for claims arising out of a pre-petition collision on the grounds that a release signed pursuant to a settlement agreement was unenforceable. Pursuant to 11 U.S.C.S. § 350(b), the debtor moved to reopen her bankruptcy case seeking to enforce the discharge injunction against the tort claim.
ABI Membership is required to access the full summary of In re Reid Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Braunstein v. Leung (In re Leung)
Sep
22
2008
Ruling
Transfer from debtor to spouse to reduce spouse's loan obligation avoided as fraudulent.
Procedural posture
Plaintiff chapter 7 trustee sued defendant debtor and his wife, seeking to avoid the debtor's payment of $90,000 to reduce the wife's loan obligation as, inter alia, a fraudulent transfer under 11 U.S.C.S. § 548(a)(1). The bankruptcy court conducted a trial.
ABI Membership is required to access the full summary of Braunstein v. Leung (In re Leung) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lassman v. Schultz (In re Anctil Plumbing & Mech. Contractors Inc.)
Sep
15
2008
Ruling
Payment of "flat fee retainer" paid to debtor's attorney out of debtor-in-possession amount was not authorized.
Procedural posture
Defendants, the attorney for chapter 7 debtors and the attorney's firm, filed a motion to dismiss plaintiff chapter 7 trustee's adversary proceeding, which sought the turnover or recovery of money paid to the attorney from the debtor-in-possession account of one of the debtors prior to the conversion of the debtor's case from chapter 11. The attorney also filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011(c)(1)(A).
ABI Membership is required to access the full summary of Lassman v. Schultz (In re Anctil Plumbing & Mech. Contractors 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 Lane
Aug
19
2008
Ruling
Debtors required to file amended schedules and plan due to miscalculation on Form 22C.
Procedural posture
Respondent creditor filed an objection to the confirmation of the chapter 13 plan regarding petitioner debtors. The debtors were above median income debtors with an applicable commitment period of five years, pursuant to 11 U.S.C.S. § 1325(b)(4). The court conducted a hearing on the objection.
ABI Membership is required to access the full summary of In re Lane Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Young
Aug
08
2008
Ruling
IRS Local Standards established fixed deductions, regardless of debtor's actual expenses.
Procedural posture
A creditor objected to confirmation of the debtor's amended chapter 13 plan under 11 U.S.C.S. § 1325(b) on the ground that the above median debtor understated his projected disposable income (PDI) by claiming expense deductions on Official Bankr. Form 22C to which he was not entitled.
ABI Membership is required to access the full summary of 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 Whall
May
28
2008
Ruling
Chapter 13 debtor could not pay postpetition state income taxes as administrative expense.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and an amended plan for repaying his creditors. The Massachusetts Department of Revenue (MDOR) filed an objection to the debtor's fourth amended plan because the debtor proposed to pay postpetition taxes he accrued as an administrative expense of his bankruptcy estate.
ABI Membership is required to access the full summary of In re Whall 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
Jan
22
2008
Ruling
Bankruptcy court declined to hear claims related to state civil contempt proceedings against debtor.
Procedural posture
Movant creditor asked the court to abstain from adjudicating claims asserted by debtor on the ground that they were already being adjudicated in state court and further asked the court to dismiss the case pursuant to 11 U.S.C. § 305. Debtor sought relief under 11 U.S.C. § 362.
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
: