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

Eastern District

In re Ellis

Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.
Ruling: 
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
ABI Membership is required to access the full summary of In re Ellis. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re DiPinto

Debtor filed a chapter 13 petition without having first obtained credit counseling as required by the Bankruptcy Abuse Prevention and Consumer Protection Act. In lieu of a certificate reflecting completion of credit counseling, debtor's counsel filed a request for a waiver of that requirement, pursuant to 11 U.S.C. § 109(h)(3).
Ruling: 
Waiver of credit counseling requirement was denied, and the case was dismissed since the debtor had failed to demonstrate that the debtor had sought counseling in advance of filing.
ABI Membership is required to access the full summary of In re DiPinto. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Gruver v. United States Dept of the Treasury (In re Gruver)

Plaintiffs, joint bankruptcy debtors, brought an adversary proceeding against defendant United States, alleging that the government violated the automatic bankruptcy stay by offsetting the debtors'income tax refund against the prior tax liability of one of the debtors.
Ruling: 
Debtors failed to show that the IRS had intentionally violated the automatic stay since the IRS reversed its offsetting of the debtors' refund against a prior tax liability once it became aware of the bankruptcy case.
ABI Membership is required to access the full summary of Gruver v. United States Dept of the Treasury (In re Gruver). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Goodell

Debtor filed a chapter 13 bankruptcy petition. The chapter 13 trustee moved to dismiss the case. Debtor objected to a proof of claim filed by creditor IRS.
Ruling: 
Trustee's motion to dismiss the debtor's chapter 13 case was granted since the debtor did not fully fund the IRS's priority claim or provide enough for unsecured creditors in the debtor's plan.
ABI Membership is required to access the full summary of In re Goodell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Klayman v. United States (In re Klayman)

Plaintiff debtor filed suit against defendant United States for a declaratory judgment pursuant to 28 U.S.C. § 2201(a) that certain tax liability was dischargeable. The debtor proposed to deal with that claim in the instant Chapter 11 case. The government opposed the complaint and moved for summary judgment.
Ruling: 
Old tax liability was deemed nondischargeable since the government established debtor had willfully attempted to evade tax payments.
ABI Membership is required to access the full summary of Klayman v. United States (In re Klayman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Eastern District