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Metz v. Dilley (In re Dilley)

Mar
16
2006
Ruling
Debtor's not guilty plea in a criminal case was not sufficient to demonstrate a bona fide dispute as to liability regarding the creditor's claims.
Procedural posture

Appellants, petitioning creditors, sought review of an order of the Bankruptcy Court for the District of Maine that dismissed, on summary judgment, the involuntary petition on the grounds that the petitioning creditors'claims were the subject of a bona fide dispute as to liability within the meaning of 11 U.S.C. § 303(b)(1).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 16, 2006 , LexisNexis #0306-114
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In re Indus. Commer. Elec. Inc.

Feb
14
2006
Ruling
Court denied a motion to approve a settlement since the movants'proposed order required the dismissal of an action filed by the IRS in another court.
Procedural posture

Movants, the debtors, a bank, and the official committee of unsecured creditors, sought entry of an order pursuant to 11 U.S.C. § 105(a), for approval of a settlement reached between the three moving parties. The IRS objected to the motion on several grounds, including the fact that the settlement would preclude the IRS from proceeding against the bank in a related district court proceeding.

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opinion summary, case decided on February 14, 2006 , LexisNexis #0306-077
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Shubert v. Lucent Techs. Inc. (In re Winstar Communs. Inc.)

Dec
21
2005
Ruling
Trustee was able to avoid transfers as preferential and was granted equitable subordination of the creditor's claim since the creditor as the debtor's lender had coerced the debtor into purchasing unneeded products.
Procedural posture

Plaintiff, a chapter 7 trustee substituted for a debtor, asserted against defendant creditor claims for, inter alia, breach of contract, preferential transfer avoidable under 11 U.S.C. § 547, equitable subordination. The creditor filed counterclaims for, inter alia, fraud and misrepresentation. Those claims were tried to the court.

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opinion summary, case decided on December 21, 2005 , LexisNexis #0306-026
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Lorenz v. Am. Educ. ServicesPennsylvania Higher Educ. Assistance Agency (In re Lorenz)

Jun
17
2005
Ruling
Student loans were deemed dischargeable due to undue hardship for a debtor who faced having to switch careers to increase income.
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant creditor seeking a determination that the debtor's student loans were dischargeable due to "undue hardship" under 11 U.S.C. § 523(a)(8). These student loans were used to finance the debtor's podiatry school education. Due to changes in the field, the debtor abandoned podiatry and chose instead to pursue a career as a registered nurse. The debtor was unemployed at the time of trial.

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opinion summary, case decided on June 17, 2005 , LexisNexis #0106-054
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