Northern District

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

In re Sydlar

A debtor filed for relief under chapter 13 of the Bankruptcy Code. A trustee sought turnover of sale proceeds that had been given to a creditor after the debtor sold a premises in New Jersey. The proceeds had been transferred to the judgment creditors, who filed an objection to the trustee's motion.
Ruling: 
Debtor's share of proceeds of sale of former marital residence ordered turned over to estate once creditors' claims on proceeds were ruled null and void by state court.
ABI Membership is required to access the full summary of In re Sydlar. 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 August 22,2008, LexisNexis #1108-110

In re Matusiak

Debtors requested an award of attorneys' fees in connection with their defense of a motion for relief from the stay filed by a creditor. The creditor's motion also sought attorneys' fees.
Ruling: 
Neither debtors' attorney nor creditors' attorneys were entitled to award of attorneys' fees in stay proceeding.
ABI Membership is required to access the full summary of In re Matusiak. 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 August 20,2008, LexisNexis #1108-108

Deep v. Danaher

Plaintiff brought an action against defendants, two chapter 7 trustees and two others. At issue in plaintiff's appeal was whether the bankruptcy court abused its discretion by acting pursuant to 11 U.S.C.S. § 105 to enjoin him from filing further pleadings in the bankruptcy court without obtaining prior leave of the bankruptcy court.
Ruling: 
Bankruptcy court did not abuse discretion in enjoining debtor from filing pleadings without leave of court.
ABI Membership is required to access the full summary of Deep v. Danaher. 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 August 18,2008, LexisNexis #0908-062

Nash v. Gentile

Appellant special counsel was appointed special counsel to a trustee. The counsel filed two complaints alleging conversion, fraud, and breach of contract. A bankruptcy judge dismissed the complaints, and denied the counsel's motion to amend with prejudice. The United States Bankruptcy Court for the Northern District of New York issued a decision and order sanctioning the counsel pursuant to 28 U.S.C.S. § 1927. The counsel appealed.
Ruling: 
Special counsel to trustee properly sanctioned for meritless motions to amend dismissed complaints.
ABI Membership is required to access the full summary of Nash v. Gentile. 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 August 06,2008, LexisNexis #0908-034

In re Koch

The chapter 13 trustee objected to confirmation of the plan proposed by the debtor under 11 U.S.C.S. § 1325. The issue was whether payments on vehicles that the debtor planned to surrender as part of his chapter 13 plan could be used to reduce monthly disposable income calculated on Official Bankr. Form 22C.
Ruling: 
Debtor not entitled to expense deduction for surrendered vehicles.
ABI Membership is required to access the full summary of In re Koch. 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 25,2008, LexisNexis #0808-122

In re Pole

A debtor filed a motion against a creditor alleging that the creditor's post- petition collection activities violated 11 U.S.C.S. § 362(k). The debtor sought actual and punitive damages as well as attorney's fees.
Ruling: 
Service of wage execution based on post-petition judgment despite notice of bankruptcy was a willful violation of stay.
ABI Membership is required to access the full summary of In re Pole. 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 June 12,2008, LexisNexis #0708-074

In re Paley

Debtors filed separate voluntary petitions for relief under chapter 13 of the Bankruptcy Code, and plans for repaying their creditors. A trustee was appointed to represent the debtors' bankruptcy estates, and she filed objections to the debtors' plans.
Ruling: 
Confirmation of plans denied for lack of good faith in chapter 13 cases filed less than eight years afer chapter 7 discharges.
ABI Membership is required to access the full summary of In re Paley. 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 June 03,2008, LexisNexis #0708-087

Pages

Subscribe to Northern District