Enron Creditors Recovery Corp. v. Alfa S.A.B. de C.V.
Jun
28
2011
Ruling
Prepetition payments made to redeem commercial paper were protected under safe harbor provisions.
Procedural posture
Reorganized debtor challenged a decision of the U. S. District Court for the Southern District of New York, which reversed an order of the bankruptcy court and remanded with instructions to enter summary judgment in favor of appellees.
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Court
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Judge or Jurisdiction information not available
In re Rucker
Jun
23
2011
Ruling
Not all student loan debts can be classified as "consumer debt."
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion for an order dismissing the debtors' case under 11 U.S.C.S. § 707(b), based in part on the claim that debts the debtors owed were primarily consumer debts.
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Court
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- 11 U.S.C.
Crisler v. Farr (In re Farr)
May
18
2011
Ruling
Debtor attorney's fabricated settlement of wrongful death claim did not result in nondischargeable debt where state statute did not establish fiduciary capacity.
Procedural posture
Plaintiff creditors filed a complaint against defendant Chapter 13 debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6). The debtor filed a motion to dismiss for failure to state a claim. The creditors thereafter withdrew their claim as to § 523(a)(6) and filed a brief in support of their § 523(a)(4) claim.
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Court
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In re Poff
Dec
16
2010
Ruling
Mortgagee's cancellation of rescission did not constitute an avoidable preference.
Procedural posture
A debtor filed a Chapter 11 bankruptcy petition to stop a foreclosure. The case was converted to a Chapter 7 case. A creditor's security interest was inadvertently released before the mortgage on the debtor's residence was paid in full. The debtor sought declaratory relief as to secured status, to avoid preferential transfer, and for monetary damages for wrongful foreclosure. The creditor filed a motion for summary judgment on a preference claim.
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Court
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Flatau v. Curington LLC (In re Nobies)
Aug
17
2010
Ruling
Payment of insurance proceeds to contractor pursuant to terms of contract fell within ordinary course of business exception to avoidance.
Procedural posture
Plaintiff investors brought an adversary proceeding against defendant debtor, alleging that their claim against the debtor should be held non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The matter was tried before the court.
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Court
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Bazemore v. Lovvorn (In re Lovvorn)
Jun
07
2010
Ruling
Debtor's sale of car securing loan from creditor was not intended to cause injury and loan was dischargeable.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed debts that were nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Flowers
Jan
26
2010
Ruling
Bankruptcy petition preparer fined and ordered to refrain form preparing or filing petitions until further court order due to multiple violations.
Procedural posture
The U.S. Trustee asked the court to grant sanctions in the amount of $2000, disgorgement of a $200 fee, and an injunction against defendant, a bankruptcy petition preparer (BPP), preventing her from filing papers or preparing papers for filing in the court, on the grounds of violation of 11 U.S.C.S. § 110. Defendant did not appear at the hearing nor defend against the motion.
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Court
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In re Strange
Jan
20
2010
Ruling
Debts secured by "910" vehicles could not be bifurcated.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. An auto credit company and a bank that held secured interests in vehicles the debtor owned filed objections to confirmation of the debtor's plan, claiming that the debtor's proposal to bifurcate debts she owed on two motor vehicles violated 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5) (the "hanging paragraph").
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Court
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- 11 U.S.C.
In re Baugh
Sep
17
2009
Ruling
Bankruptcy petition preparer sanctioned for providing inaccurate identifying information, improperly providing legal advice and failing to identify self as a non-lawyer.
Procedural posture
After a bankruptcy debtor received a discharge, the United States Trustee alleged that a bankruptcy petition preparer (BPP) engaged in misconduct in preparing documents which the debtor filed in the case. The trustee moved for sanctions against the BPP for violations of 11 U.S.C.S. § 110.
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Court
:
- 11 U.S.C.
McCollum v. McCollum (In re McCollum)
Sep
08
2009
Ruling
Debtor's obligations to pay mortgage and car payments on behalf of former spouse were not domestic support obligations and were dischargeable.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant, his ex-wife, seeking a judgment that obligations he had under a divorce agreement were dischargeable in bankruptcy. The case was tried to the court.
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Court
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