Boyce v. Barnhart (In re Barnhart)
Jan
05
2010
Ruling
Case dismissed for bad faith where filed shortly after state court judgment and transfer of assets with inadequate disclosures.
Procedural posture
Movant creditor sought to dismiss the debtor's chapter 13 case, alleging that the petition was not filed in good faith and should be dismissed pursuant to 11 U.S.C.S. § 1307(c).
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Court
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City of Harrisburg v. Kanoff (In re Kanoff)
Jun
17
2009
Ruling
City did not have a security interest in debtor's liquor license.
Procedural posture
Movant city filed an objection to the proposed chapter 13 plan of respondent debtor, contending that the city held a security interest in debtor's business assets, specifically a liquor license, which was listed as an asset in debtor's amended Schedule B.
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Court
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DeAngelis v. MacNamara (In re MacNamara)
Jun
05
2009
Ruling
Chapter 7 case dismissed for abuse due to debtor's unreasonable and unnecessary expenses and ability to fund chapter 13 plan.
Procedural posture
A husband and a wife, filed a chapter 7 bankruptcy petition. United States Trustee (UST) moved to dismiss the case, invoking 11 U.S.C.S. § 707(b)(1) and (3), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8.
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Court
:
- 28 U.S.C.
Moshannon Valley Citizens v. Rosewood Real Estate Inc. (In re Moshannon Valley Citizens Inc.)
Feb
25
2009
Ruling
Action by debtor-in-possession against prospective purchaser for breach of contract was a core proceeding.
Procedural posture
Debtor-in-possession, the operator of a hospital, filed a Complaint seeking injunctive relief and damages for breach of contract against prospective purchasers of the hospital. The complaint alleged that the prospective purchasers were in breach of the purchase agreement and related security agreements.
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Atrium View LLC v. Eastern Savings Bank (In re Atrium View LLC)
Dec
24
2008
Ruling
Prepayment premium claimed by first lienholder against proceeds of auction disallowed as unreasonable.
Procedural posture
Objectants, a Chapter 7 debtor and a third lienholder, asserted that a prepayment premium asserted by respondent first lienholder against the proceeds of an auction sale of certain real estate was unreasonable and should be disallowed pursuant to 11 U.S.C.S. § 506(b).
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Court
:
- 11 U.S.C.
Armstrong v. Access Group (In re Armstrong)
Sep
16
2008
Ruling
Student loan debts were nondischargeable where debtor had ignored obligation in favor of consumer spending.
Procedural posture
Three defendant creditors (movants) sought summary judgment on the adversary complaint of plaintiff debtor wife, who sought a determination that her student loans were dischargeable under 11 U.S.C.S. § 523(a)(8).
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Court
:
- 11 U.S.C.
Buckley v. Taylor
Jun
02
2008
Ruling
Claim for willful or wanton injury could be nondischargeable regardless of whether creditor obtained prepetition judgment.
Procedural posture
Defendant debtor filed a motion to dismiss plaintiff creditor's adversary complaint alleging that the creditor's state court personal injury claim was nondischargeable under 11 U.S.C.S. §§ 523(a)(6) and 1328(a)(4).
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Court
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Americredit Fin. Servs. v. Lanier (In re Lanier)
Jun
29
2007
Ruling
Proposed plan modification for surrender of vehicle in full satisfaction of debt pursuant to hanging paragraph did not violate Fifth Amendment.
Procedural posture
Objectant, a secured creditor, opposed debtor's motion to modify a confirmed chapter 13 plan to permit him to surrender a vehicle securing the claim as an alternative to obtaining the creditor's approval of the modification or to paying the claim through the plan. At issue was whether such a modification deprived the creditor of a property right without just compensation in violation of the Fifth Amendment of the United States Constitution.
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Court
:
- 11 U.S.C.
United States v. Martinez
Mar
07
2007
Ruling
IRS granted relief from stay to setoff tax refunds against tax liabilities.
Procedural posture
Movant IRS appealed the decision that permitted it to setoff respondent debtors'federal income tax refunds against prepetition taxes, but only against priority obligations. The district court remanded the matter to provide the court an opportunity to delineate the facts considered in limiting the setoff to the IRS's priority claim.
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Court
:
- 11 U.S.C.
Stapleton v. Mundy (In re Mundy)
Mar
01
2007
Ruling
Debts scheduled to become due may be deducted as expenses on Form B22A regardless of debtor's intent regarding payment or retention of collateral.
Procedural posture
Movant U.S. Trustee ("UST") sought to dismiss the bankruptcy petition of respondent debtor pursuant to 11 U.S.C. § 707(b)(2).
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Court
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