In re Caterbone
Mar
07
2016
Ruling
Case dismissed due to debtor's failure to obtain required credit counseling.
Issue(s)
Should chapter 11 case be dismissed due to creditor's failure to obtain credit counseling?
ABI Membership is required to access the full summary of In re Caterbone Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ziegler v. Kline (In re Kline)
Nov
20
2014
Ruling
Prepetition waiver of dischargeability of attorneys' fees was not enforceable.
Issue(s)
Could debtor's attorney enforce a prepetition waiver of dischargeability of legal fees?
ABI Membership is required to access the full summary of Ziegler v. Kline (In re Kline) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Chavannes
May
13
2014
Ruling
Postpetition state court judgment did not violate stay as it was a ministerial act affirming prepetition judgment.
Issue(s)
Should state court judgment be voided due to preceding alleged violation of stay by state court during pendency of debtor's prior bankruptcy?
ABI Membership is required to access the full summary of In re Chavannes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Doyle v. Weischedel (In re Weischedel)
Sep
27
2013
Ruling
Debt based on debtor's authorized use of creditor's credit card was dischargeable.
Issue(s)
Was debt incurred by debtor's authorized use of creditor's credit card nondischargeable .
ABI Membership is required to access the full summary of Doyle v. Weischedel (In re Weischedel) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Holber v. Suffolk Constr. Co. (In re Red Rock Servs. Co. LLC)
Aug
30
2012
Ruling
Creditor contractor allowed setoff of prepetition debt against amount owed to debtor subcontractor.
Procedural posture
Plaintiff, chapter 7 Trustee of the bankruptcy estate of debtor subcontractor (the sub), initiated this construction litigation seeking to collect $1,667,945, plus attorneys' fees, costs and interest, from defendant prime contractor (the prime). The prime asserted certain defenses and sought a setoff of any amounts owed.
ABI Membership is required to access the full summary of Holber v. Suffolk Constr. Co. (In re Red Rock Servs. Co. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Styer
Aug
27
2012
Ruling
Civil restitution obligation for benefit of consumers rather than government was dischargeable.
Procedural posture
After a state court entered a decision ordering defendant debtor to pay civil restitution under § 201-4.1 of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. Ann. § 201-4.1, plaintiff Commonwealth sought a determination that the restitution award was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (7). The Commonwealth filed a motion for summary judgment.
ABI Membership is required to access the full summary of In re Styer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Von Kiel v. United States HHS
Jun
19
2012
Ruling
Health Education Assistance Loan debts not discharged in debtor's prior bankruptcy case were nondischargeable in current case.
Procedural posture
Plaintiff bankruptcy debtor, a doctor, brought an adversary proceeding against defendant creditor challenging the nondischargeability of Health Education Assistance Loan (HEAL) debts owed to the creditor. The debtor and the creditor cross-moved for summary judgment.
ABI Membership is required to access the full summary of Von Kiel v. United States HHS Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Holber v. M&T Bank (In re Scheffler)
Jun
05
2012
Ruling
Second and third mortgages avoided on grounds of fraud where debtor received no value in exchange.
Procedural posture
Plaintiff, the chapter 7 trustee, brought an adversary complaint to avoid two mortgage liens against defendants, the mortgagee on the second and third mortgages of debtor's residence, securing two loans to another entity, in the aggregate face amount of $650,000. Another claim was filed against debtor's startup business entity. The mortgagee argued that debtor received reasonably equivalent value for the two mortgages.
ABI Membership is required to access the full summary of Holber v. M&T Bank (In re Scheffler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
DeAngelis v. Von Kiel (In re Von Kiel)
Jan
05
2012
Ruling
Discharge denied due to false oaths regarding assignment of earnings to religious organization and failure to keep adequate records.
Procedural posture
United States Trustee (UST) brought an action against chapter 7 debtor challenging discharge under 11 U.S.C.S. §§ 727(a)(3), (a)(4), and (a)(2)(A).
ABI Membership is required to access the full summary of DeAngelis v. Von Kiel (In re Von Kiel) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Cambridge Commer. Realty LLC
Jul
01
2011
Ruling
Stay annulled to prevent voiding of postpetition foreclosure sale that proceeded without notice of debtor's bankruptcy.
Procedural posture
A bankruptcy debtor filed a bankruptcy petition only minutes before a scheduled sheriff's sale of the debtor's real property, and the debtor was unable to timely notify the foreclosing creditor's counsel or the sheriff's sale officials of the bankruptcy. After obtaining relief from the automatic bankruptcy stay, the creditor moved for annulment of the stay so that the completed sale would not be void.
ABI Membership is required to access the full summary of In re Cambridge Commer. Realty LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: