Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Northern District

Hawkins v. Chapter 11 Trustee

Appellant debtors challenged an order from the bankruptcy court that found that a compromise made under Fed. R. Bankr. P. 9019 by chapter 11 trustee, did not constitute an impermissible post-confirmation modification of the approved plan.
Ruling: 
Trustee's liquidation of two sources of funds for bankruptcy estate was an impermissible modification of chapter 11 plan.
ABI Membership is required to access the full summary of Hawkins v. Chapter 11 Trustee. 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 March 13,2009, LexisNexis #0509-070

In re Pollock

The debtor challenged an order issued by the New York Department of Labor (DOL) requiring the debtor to comply with wage, hour, and overtime law, asserting that the order violated the automatic stay provision of 11 U.S.C.S. § 362. The issue was whether the police and regulatory powers exception to the automatic stay provision under 11 U.S.C.S. § 362(b)(4) was applicable to the DOL's order.
Ruling: 
State enforcement of wage, hour and overtime law was covered by the police powers exception to stay.
ABI Membership is required to access the full summary of In re Pollock. 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 February 24,2009, LexisNexis #0609-039

Baldwin v. Celli (In re Baldwin)

Appellants, debtors, filed a notice of appeal from a memorandum decision and order of the bankruptcy court which denied confirmation of debtors'chapter 13 Plan (Plan) because they failed to include all disposable income in their Plan. Appellee trustee opposed debtors'appeal.
Ruling: 
Website did not provide appropriate method for calculating tax expense for Form B22C.
ABI Membership is required to access the full summary of Baldwin v. Celli (In re Baldwin). 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 December 03,2008, LexisNexis #0109-090

In re Scalise

The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Case dismissed due to debtor's failure to provide paystub covering petition date.
ABI Membership is required to access the full summary of In re Scalise. 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 October 30,2008, LexisNexis #0109-011

Harris v. DAmico (In re DAmico)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) based on the debtors' failure to disclose prepetition transfers. The bankruptcy court conducted a trial.
Ruling: 
Schedule inaccuracies due to oversight which were remedied at creditors' meeting were not basis for denial of discharge.
ABI Membership is required to access the full summary of Harris v. DAmico (In re DAmico). 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 October 09,2008, LexisNexis #1208-033

Capital Communs. Fed. Credit Union v. Crowson (In re Crowson)

Plaintiff creditor commenced an adversary proceeding against defendant debtor, seeking a determination that the debtor's credit card debt was nondischargeable as a luxury good under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Credit card debt incurred in order to upgrade timeshare was nondischargeable as a "luxury good."
ABI Membership is required to access the full summary of Capital Communs. Fed. Credit Union v. Crowson (In re Crowson). 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 October 09,2008, LexisNexis #1208-013

Rossi v. Celli (In re Rossi)

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan was confirmed. In September 2008, the bankruptcy court dismissed the debtor's case. The bankruptcy court entered an order staying a county from evicting the debtor to allow the debtor to seek emergency relief with the court. The debtor sought a stay pending appeal of the dismissal of her chapter 13 case.
Ruling: 
Stay pending appeal of dismissal due to lack of liklihood of success as necessary funding of chapter 13 plan had not occurred.
ABI Membership is required to access the full summary of Rossi v. Celli (In re Rossi). 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 September 26,2008, LexisNexis #1008-103

IBM Southeast Emples. Fed. Credit Union v. Collins

After a bankruptcy debtor's reorganization plan was confirmed, appellee bankruptcy trustee brought an adversary proceeding against appellants, a credit union and its service organization, with regard to alleged mishandling of the debtor's sales tax account. The appellants sought review of the order of the Bankruptcy Court for the Middle District of Tennessee which denied a motion to dismiss the proceeding based on res judicata.
Ruling: 
Plan confirmation did not provide basis for res judicata dismissal of trustee's proceeding based on debtor's prepetition right of action.
ABI Membership is required to access the full summary of IBM Southeast Emples. Fed. Credit Union v. Collins. 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 September 17,2008, LexisNexis #1108-102

In re Pearl

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to a plan the debtors proposed for repaying their creditors.
Ruling: 
Debtor allowed to claim ownership expense on second vehicle owned free and clear.
ABI Membership is required to access the full summary of In re Pearl. 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 September 10,2008, LexisNexis #1208-047

In re Hubel

Appellant debtor appealed from a letter decision and order of the Bankruptcy Court, denying his request for an exemption from the credit counseling requirement of 11 U.S.C.S. § 109(h).
Ruling: 
Dismissal for failure to obtain required credit counseling upheld despite incarcerated debtor's inability to comply.
ABI Membership is required to access the full summary of In re Hubel. 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 September 08,2008, LexisNexis #1008-072

Pages

Subscribe to Northern District