In re Minnich
Jun
02
2011
Ruling
Suspension of debtor tax preparer's e-filing authorization did not violate stay.
Procedural posture
Chapter 13 debtor filed a motion for contempt against the Internal Revenue Service (IRS) for its alleged violation of the automatic stay of 11 U.S.C.S. § 362(a).
ABI Membership is required to access the full summary of In re Minnich Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Miller
Mar
01
2011
Ruling
Sanctions not warranted by willful violation of stay where debtors did not suffer actual damages.
Procedural posture
Shortly after debtors filed their bankruptcy petition and notified creditors of the bankruptcy, the debtors received invoices from their former attorney related to a previous litigation. The debtors subsequently moved for sanctions against the attorney pursuant to 11 U.S.C.S. § 362(k) for violation of the automatic stay.
ABI Membership is required to access the full summary of In re Miller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Clouse
Dec
28
2010
Ruling
Postpetition postnuptial agreement violated stay and was void.
Procedural posture
Debtor filed a petition under chapter 13 and proposed a plan for repaying his creditors. The court confirmed the debtor's plan, and slightly less than one year after confirmation, the debtor entered into a postnuptial agreement with his spouse. The debtor's counsel moved to have the postnuptial agreement declared void as a violation of 11 U.S.C.S. § 362(a).
ABI Membership is required to access the full summary of In re Clouse 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 Hyman Cos.
May
28
2010
Ruling
Debtor allowed to assume unexpired portion of commercial lease with hotel.
Procedural posture
Debtor corporation filed a petition under chapter 11 and was allowed to operate its business selling high-end costume jewelry as a debtor in possession. The debtor filed a motion seeking approval under 11 U.S.C.S. § 365 to assume unexpired leases. A hotel that had leased space to the debtor filed an objection to the debtor's motion.
ABI Membership is required to access the full summary of In re Hyman Cos. 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 National Med. Imaging LLC
Dec
28
2009
Ruling
Involuntary petitions dismissed as petitioning creditors were not real parties in interest and took inconsistent positions regarding parties responsible for debts owed.
Procedural posture
Petitioning creditors filed involuntary bankruptcy petitions under 11 U.S.C.S. § 303, claiming that putative debtors, two LLCs and the managing member of both LLCs, owed them unpaid debts. The managing member was allowed to move his case to the U.S. Bankruptcy Court for the Southern District of Florida, and that court granted the managing member's motion to dismiss. The LLCs filed a motion to dismiss the petitions that were filed against them.
ABI Membership is required to access the full summary of In re National Med. Imaging LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Feldman v. Chase Home Finance (In re Image Masters Inc.)
Dec
17
2009
Ruling
Transfers by debtor that operated Ponzi scheme to mortgage lender that was ignorant of scheme were not avoidable on grounds of actual or constructive fraud.
Procedural posture
Chapter 7 trustee brought claims to avoid over $ 23 million of transfers made to defendants, residential mortgage lenders. The transfers were underlying mortgage payments made by the debtors, the facilitators of a multi-million dollar Ponzi scheme. The lenders moved to dismiss all counts of the complaint for failure to join parties under Fed. R. Civ. P. 12(b)(7) and 19, and the avoidance claims under Fed. R. Civ. P. 12(b)(6).
ABI Membership is required to access the full summary of Feldman v. Chase Home Finance (In re Image Masters Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Smith v. Botzet (In re Smith)
Feb
10
2009
Ruling
Workers' compensation lien on real property was statutory and not avoidable.
Procedural posture
Plaintiff chapter 7 debtor filed a motion for summary judgment in her action against defendant judgment creditor, seeking to avoid workers' compensation liens on the debtor's real and personal property under 11 U.S.C.S. § 522(f)(1). The debtor also filed a motion for summary judgment on the creditor's claim, which sought to have the debt owed to him by the debtor deemed nondischargeable under 11 U.S.C.S. § 523(a)(6).
ABI Membership is required to access the full summary of Smith v. Botzet (In re Smith) 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 Ashraf Hafiz Ramelah
Oct
14
2008
Ruling
Debtor's attorney ordered to disgorge unauthorized fee.
Procedural posture
An attorney who represented two chapter 13 debtors filed a supplemental and final application for payment of attorney fees, and the debtors and the chapter 13 trustee filed objections to the attorney's application. In an order issued on September 19, 2008, the court ordered the attorney to return $ 1,600 to the debtors. The attorney filed a notice of appeal, and the court issued an opinion explaining its decision.
ABI Membership is required to access the full summary of In re Ashraf Hafiz Ramelah Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Strunk
May
09
2008
Ruling
Voluntary dismissal granted over objection of trustee.
Procedural posture
The chapter 7 Trustee filed a motion for reconsideration of the court's order that granted the debtors' motion to dismiss their chapter 7 case.
ABI Membership is required to access the full summary of In re Strunk 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 Sheckard
Feb
06
2008
Ruling
Case ordered reopened and lien discovered only upon title examination in connection with sale of property avoided.
Procedural posture
After bankruptcy debtors' case was closed, one debtor sold real property, was advised by a title agent of the existence of a default judgment lien against the property, and placed sale proceeds in the amount of the judgment in escrow. The debtors moved to reopen their case and for avoidance of the lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing their homestead exemption.
ABI Membership is required to access the full summary of In re Sheckard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: