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Miller v. Advantage Credit Counseling Service (In re Miller)

Jan
05
2006
Ruling
Alleged facsimile from credit counseling agency did not meet certification of credit counseling requirement, but the court treated document as a motion for a reasonable time to obtain the certification.
Procedural posture

Debtor filed a chapter 13 bankruptcy petition. The court granted debtor's motion for an extension of time for filing the certificate of credit counseling required under 11 U.S.C. §§ 109(h)(1) and 521(b). Debtor filed a document that was purportedly a certificate of credit counseling.

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opinion summary, case decided on January 05, 2006 , LexisNexis #0206-095
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Official Comm. of Unsecured Creditors of J. Allan Steel Co. v. Nucor-Yamato Steel Co. (In re J. Allen Steel Co.)

Dec
12
2005
Ruling
Case was remanded for clarification of whether alleged preferential payments were made in the ordinary course of business or made pursuant to ordinary business terms and thus not preferential.
Procedural posture

Appellee, a committee of unsecured creditors, filed an adversary proceeding against appellant steel supplier seeking to recover payments that a Chapter 11 debtor had made during the 90-day period before the bankruptcy petition was filed. The supplier appealed after the bankruptcy court granted partial summary judgment to it and thereafter entered a judgment in the committee's favor.

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opinion summary, case decided on December 12, 2005 , LexisNexis #0106-020
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Spyra v. Finney (In re Finney)

Sep
30
2005
Ruling
Debtor was denied discharge where a debtor concealed assets by conducting an authorized auction pursuant to a contract signed by the debtor's girlfriend.
Procedural posture

Plaintiff, a proposed purchaser of real property from defendant bankruptcy debtor, brought an adversary proceeding against the debtor objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2)(B) and (4)(A). The purchaser alleged that the debtor concealed assets by conducting an unauthorized auction of personalty and that the debtor made a false oath in filing an answer concerning the auction. The bankruptcy court conducted a trial.

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opinion summary, case decided on September 30, 2005 , LexisNexis #0106-062
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