Annual Spring Meeting | April 11-14 | Washington, D.C. Register Today View Schedule

Western District

Ring v. Swan (In re Swan)

Ruling: 
Turnover granted with respect to tax refund received and spent by debtors after chapter 13 petition date but before conversion to chapter 7.
ABI Membership is required to access the full summary of Ring v. Swan (In re Swan). 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 18,2014, LexisNexis #0314-054

In re Bradigan

Ruling: 
Debtor entitled to exemption in one half of equity in property held by the entireties with non- debtor spouse.
ABI Membership is required to access the full summary of In re Bradigan. 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 29,2013, LexisNexis #1213-078

In re MCD Plumbing Inc.

Ruling: 
Motion to reject collective bargaining agreement denied where union had good cause to reject debtor's proposal and debtor could reorganize absent rejection.
ABI Membership is required to access the full summary of In re MCD Plumbing 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 July 23,2013, LexisNexis #0813-130

In re Hurd

A bankruptcy debtor proposed a plan which provided for modification of the lien of a creditor secured by the debtor's real properties, consisting of a parking lot and an adjacent residential lot, by abandoning the residential lot and retaining the parking lot with payment of the value of the parking lot. The creditor objected to confirmation of the debtor's plan.
Ruling: 
Confirmation denied due to disparate treatment of creditor's single secured claim.
ABI Membership is required to access the full summary of In re Hurd. 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 22,2013, LexisNexis #0713-063

OToole v. Moscone Emblidge & Quadra LLP (In re Successor Borrower Servs.)

The chapter 11 trustee commenced an adversary proceeding against a law firm, to avoid a lien the debtor had given to secure payment of pre-petition legal fees that would arise in the defense of ongoing state court litigation. The trustee argued that the transfer was constructively fraudulent under N.Y. Debt. & Cred. Law § 273-a., and sought to avoid the lien under N.Y. Debt. & Cred. Law § 276.
Ruling: 
Law firm's secured claim limited to value of services and disbursements.
ABI Membership is required to access the full summary of OToole v. Moscone Emblidge & Quadra LLP (In re Successor Borrower Servs.). 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 19,2013, LexisNexis #0613-044

Moorehouse v. Rote (In re Moorehouse)

Trustee filed a proceeding against two mortgage creditors, pursuant to 11 U.S.C.S. § 547. The matter was before the court for decision.
Ruling: 
Mortgage executed prior to, but recorded during, preference period could be avoided.
ABI Membership is required to access the full summary of Moorehouse v. Rote (In re Moorehouse). 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 28,2013, LexisNexis #0413-019

Wallach v. Ford Motor Co. (In re Performance Transp. Servs.)

Plaintiff chapter 7 trustee sought to recover payments made to defendant creditor as preferential, but the creditor, contending that the payments were for new value under 11 U.S.C.S. § 547(c)(4), filed a motion for summary judgment.
Ruling: 
New value defense did not apply where parties engaged in preferential payments rather than available setoff.
ABI Membership is required to access the full summary of Wallach v. Ford Motor Co. (In re Performance Transp. Servs.). 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 February 08,2013, LexisNexis #0313-053

In re Cunningham

A county brought motions for stay relief to allow public auctions of the five chapter 13 debtors' foreclosed property to proceed. The debtors sought an opportunity to pay their delinquent taxes through a plan under chapter 13.
Ruling: 
Relief from stay for tax auction after breach of reaquisition agreement granted as prompt cure was not possible.
ABI Membership is required to access the full summary of In re Cunningham. 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 18,2013, LexisNexis #0313-007

In re Fialkowski

The chapter 7 trustee filed a motion seeking an order directing the debtor to turn money in a bank account over to the trustee under 11 U.S.C.S. § 542. The debtor filed a motion seeking to compel the trustee to abandon the "exempt" bank account under 11 U.S.C.S. § 554(b).
Ruling: 
Motion to compel trustee to abandon exempt bank account granted but stayed until closing of case.
ABI Membership is required to access the full summary of In re Fialkowski. 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 03,2012, LexisNexis #1212-126

Bene v. Educational Credit Mgmt. Corp. (In re Bene)

Debtor sought discharge of her student loan debt under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt discharged due to debtor's advanced age and lack of degree or special skills.
ABI Membership is required to access the full summary of Bene v. Educational Credit Mgmt. Corp. (In re Bene). 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 26,2012, LexisNexis #0712-140

Pages

Subscribe to Western District