- 11 U.S.C.
Dronsfield v. McGarrity (In re Dronsfield)
Sep
14
2010
Ruling
Discharge did not avoid judgment line absent specific language.
Procedural posture
Plaintiff debtors reopened their case and filed an adversary complaint against defendant creditors, requesting a declaratory judgment that the judgment lien held by the creditors prior to the filing of the debtors' Chapter 13 petition was avoided by the discharge granted to the debtors. The parties filed cross motions for summary judgment on the issue.
ABI Membership is required to access the full summary of Dronsfield v. McGarrity (In re Dronsfield) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeAngelis v. Ramsay (In re Ramsay)
Aug
12
2010
Ruling
Chapter 7 case ordered dismissed or converted to chapter 13 based on excessive mortgage and vehicle expenses.
Procedural posture
The United States trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for abuse pursuant to 11 U.S.C.S. §707(b)(3), based primarily on the excessive amount of the debtor's mortgage and vehicle expenses.
ABI Membership is required to access the full summary of DeAngelis v. Ramsay (In re Ramsay) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Caruso v. DeHart (In re Caruso)
Aug
06
2010
Ruling
Trustee was bound by confirmation of original plan and barred from objecting to identical language contained in proposed amended plan.
Procedural posture
Movant, a chapter 13 debtor, sought to amend his confirmed plan under 11 U.S.C.S. § 1329. Respondent chapter 13 Trustee objected to the motion and to the proposed plan.
ABI Membership is required to access the full summary of Caruso v. DeHart (In re Caruso) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Michael v. DeHart (In re Michael)
Jul
23
2010
Ruling
Undistributed funds from chapter 13 plan should be returned to debtor after conversion to chapter 7.
Procedural posture
Debtor filed a motion to compel the standing chapter 13 trustee to turn over funds that debtor paid into his chapter 13 plan but which were undistributed on the post-confirmation date the case was converted to chapter 7, asserting he was entitled to the funds under 11 U.S.C.S. § 348(e).
ABI Membership is required to access the full summary of Michael v. DeHart (In re Michael) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
DeAngelis v. Geisenberger (In re Ressler Hardwoods & Flooring Inc.)
Jun
08
2010
Ruling
Attorney who did not disclose active involvement in sale of debtor's stock ordered to disgorge fees.
Procedural posture
Movant, the acting United States Trustee (UST) filed a motion to disqualify respondents, a lawyer and his law firm, from acting as counsel to a chapter 7 debtor and to require the disgorgement of the professional fees that the attorney received through the debtor's chapter 11 bankruptcy case.
ABI Membership is required to access the full summary of DeAngelis v. Geisenberger (In re Ressler Hardwoods & Flooring Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
DeAngelis v. KCs Pub LLC (In re KCs Pub LLC)
Jun
03
2010
Ruling
Debtor restaurant owner's failure to maintain liquor liability insurance coverage was not grounds for dismissal.
Procedural posture
U.S. Trustee asserted that respondent bankruptcy debtor-in-possession, which owned and operated a restaurant and tavern serving both food and liquor to the general public, failed to maintain liquor liability insurance coverage. The trustee moved to dismiss the debtor's chapter 11 case for cause under 11 U.S.C.S. § 1112(b)(4)(C) based on the debtor's failure to maintain appropriate insurance.
ABI Membership is required to access the full summary of DeAngelis v. KCs Pub LLC (In re KCs Pub LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeAngelis v. Rose (In re Rose)
Mar
12
2010
Ruling
Payment of older creditors with proceeds of numerous high interest loans obtained during preference period was fraudulent and grounds for denial of discharge.
Procedural posture
Plaintiff, the acting United States trustee, brought an adversary complaint objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A). The debtor was alleged to have violated § 727(a)(2)(A) through a series of loan agreements he entered into with private individuals during the one year pre-petition period where he was insolvent.
ABI Membership is required to access the full summary of DeAngelis v. Rose (In re Rose) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Petro Franchise Sys. LLC v. All Am. Properties Inc. (In re All Am. Properties Inc.)
Mar
10
2010
Ruling
Relief from stay to enforce injunction entered in violation of stay denied.
Procedural posture
Debtor filed a chapter 11 bankruptcy petition. Movant franchisor moved for relief, seeking annulment of the automatic stay to validate the entry of a federal district court's injunction order and termination of the stay to permit enforcement of the injunction order.
ABI Membership is required to access the full summary of Petro Franchise Sys. LLC v. All Am. Properties Inc. (In re All Am. Properties Inc.) 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 Shumac
Mar
04
2010
Ruling
Trustee could challenge exemption in personal injury recovery to the extent not related to prior injury or pecuniary loss.
Procedural posture
A trustee objected to the debtors' claim of an exemption to any amounts that could be collected from an auto accident, arguing that the personal bodily injury referred to in 11 U.S.C.S. § 522(d)(11)(D) had to be permanent, and amended his objection to include that amounts attributable to pain and suffering or consortium damages were not exemptible. The debtors' moved to dismiss the amended objection as untimely under Fed. R. Bankr. P. 4003(b)(1).
ABI Membership is required to access the full summary of In re Shumac 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 Machne Menachem Inc.
Mar
04
2010
Ruling
Claim for advances from former director to debtor allowed as unsecured.
Procedural posture
This bankruptcy involved a non-profit corporation that was formed to operate a camp. As the bankruptcy case was winding down, one of the final issues remaining to be decided focused on a proof of claim filed by claimant former director for more than $1 million.
ABI Membership is required to access the full summary of In re Machne Menachem Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: