Judge Walker

Southwest Ga. Farm Credit ACA v. Breezy Ridge Farms Inc. (In re Breezy Ridge Farms Inc.)

Plaintiff creditor filed a complaint alleging the nondischargeability of certain debts pursuant to 11 U.S.C.S. §§ 523(a)(2), (4), (6), and 1228(b). Defendant filed a motion to dismiss for failure to state a claim.
Ruling: 
Debts of corporate chapter 12 debtor could be excepted from discharge.
ABI Membership is required to access the full summary of Southwest Ga. Farm Credit ACA v. Breezy Ridge Farms Inc. (In re Breezy Ridge Farms Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 29,2009, LexisNexis #0709-083

Mitchell v. IRS (In re Mitchell)

This matter came before the court on plaintiff debtor's complaint to determine the dischargeability of certain tax liabilities pursuant to 11 U.S.C.S. § 523(a)(1)(B). Defendant was the United States.
Ruling: 
Tax debt was dischargeable absent evidence of willful evasion.
ABI Membership is required to access the full summary of Mitchell v. IRS (In re Mitchell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 13,2009, LexisNexis #1009-119

Adams v. Marwil (In re Bayou Group)

Appellant U.S. Trustee appealed from the judgment of the United States District Court for the Southern District of New York, affirming a decision of the bankruptcy court , which had rejected the trustee's petition under 11 U.S.C.S. § 1104 to appoint a trustee to manage the debtor. Prior to the bankruptcy, the district court had appointed appellee receiver to manage debtor.
Ruling: 
Bankruptcy court did not err in refusing to appoint chapter 11 trustee absent justification for replacing court appointed receiver and manager.
ABI Membership is required to access the full summary of Adams v. Marwil (In re Bayou Group). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 01,2009, LexisNexis #0609-090

In re Campbell

A creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d)(2), in the debtors' chapter 11 bankruptcy case for the limited purpose of selling a car.
Ruling: 
Relief from stay granted to allow undersecured creditor to sell vehicle.
ABI Membership is required to access the full summary of In re Campbell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 25,2009, LexisNexis #0609-040

In re Hegwood

United States trustee filed a motion against bankruptcy petition preparer and agency owner, alleging violations of 11 U.S.C.S. § 110 and seeking a fine against the preparer of $ 6,500 and a reimbursement to the debtors of $ 289 in fees.
Ruling: 
Bankruptcy petition preparer sanctioned and enjoined from filing or preparing petitions due to omissions and fee violations.
ABI Membership is required to access the full summary of In re Hegwood. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 20,2009, LexisNexis #0409-107

In re Simmons

Creditor, which held a mortgage on the debtors' home, filed a motion for relief from the automatic stay.
Ruling: 
Mortgage creditor not entitled to relief from stay due to failure to keep accurate records of debtor's account.
ABI Membership is required to access the full summary of In re Simmons. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 31,2008, LexisNexis #0908-065

In re Bullock

The United States Trustee filed a motion against a bankruptcy petition preparer (BPP) who prepared documents for filing with the court in a debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 110(a)(1). The trustee asked that the preparer be fined, be required to reimburse the fees by the debtor, and that an injunction should issue.
Ruling: 
Bankruptcy petition preparer sanctioned for multiple violations.
ABI Membership is required to access the full summary of In re Bullock. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 21,2008, LexisNexis #0608-001

In re Cox

Shortly after bankruptcy debtors filed a joint chapter 7 bankruptcy petition, one debtor was incarcerated and the other debtor completed a financial management course as required by 11 U.S.C. § 727(a)(11) to receive a chapter 7 discharge. The debtors moved to exempt the incarcerated debtor from the requirement for the financial management course.
Ruling: 
Incarcerated debtor was not exempt from financial management course requirement.
ABI Membership is required to access the full summary of In re Cox. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 29,2007, LexisNexis #0108-080

In re Saunders

A debtor filed for relief under chapter 12 and submitted a proposed plan. Two creditors objected to confirmation of the plan, alleging in part, that the debtor was not eligible for chapter 12 relief. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Debtor was ineligible under chapter 12 as loans for car dealership secured by farmland did not arise out of farming operation.
ABI Membership is required to access the full summary of In re Saunders. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 01,2007, LexisNexis #1107-003

In re FirstLine Corp.

The chapter 11 Liquidating Agent filed objection to the claim of creditor.
Ruling: 
Financial records of debtor and creditor sufficient to establish proof of claim.
ABI Membership is required to access the full summary of In re FirstLine Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 27,2007, LexisNexis #1107-074

Pages

Subscribe to Judge Walker