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Jenkins v. Simpson (In re Jenkins)

Apr
27
2015
Ruling
Trustee's objection to discharge filed more than 60 days after conclusion of creditors' meeting should have been dismissed as untimely.
Issue(s)
Whether a trustee's complaint objecting to a debtor's discharge under 11 U.S.C.S. § 727(a) should have been dismissed as untimely because it was not filed within the extended deadline of 60 days after the conclusion of the 11 U.S.C.S. § 341 creditors' meeting.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 27, 2015 , LexisNexis #0515-095
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Sartin v. Macik

Jul
28
2008
Ruling
Default judgment that did not have collateral estoppel effect under state law could not be determinative of dischargeability.
Procedural posture

Defendant debtor appealed from a judgment of the District Court for the Western District of North Carolina affirming the bankruptcy court's determination that a debt arising from a state court default judgment entered in favor of plaintiff creditors was nondischargeable under 11 U.S.C.S. § 523(a)(2), (4), and (6) because the default judgment had collateral estoppel effect.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 28, 2008 , LexisNexis #0808-092
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Tidewater Fin. Co. v. Williams

Aug
16
2007
Ruling
Intervening chapter 13 filing did not equitably toll six-year waiting period for filing second chapter 7 case.
Procedural posture

Appellant creditor sought review of a judgment of the District Court for the District of Maryland affirming a bankruptcy court order granting summary judgment to appellee debtor in an adversary proceeding that the creditor commenced after the debtor filed a chapter 7 petition. The district court held that 11 U.S.C. § 727(a)(8) did not provide grounds for denying discharge because equitable tolling did not apply to section 727(a)(8).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 16, 2007 , LexisNexis #0907-102
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Grochal v. Ocean Technical Servs. Corp. (In re Baltimore Marine Indus.)

Feb
09
2007
Ruling
Debtor's subcontractor did not have an absolute right to interpleaded funds which were part of bankruptcy estate.
Procedural posture

After a government contractor filed a chapter 11 bankruptcy petition, a ship operator filed an interpleader action, seeking to deposit the amount it owed the contractor for repairs. The District Court for the District of Maryland affirmed the bankruptcy court's determination that appellee subcontractor was entitled to be paid from the interpleaded funds. Appellant liquidating agent sought review of the district court's judgment.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 09, 2007 , LexisNexis #0307-062
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Abell v. Devan

Oct
16
2006
Ruling
Alleged purchaser's of debtor's home were not entitled to recover payments to debtor's mortgagee due to indicia of fraud surrounding "sale."
Procedural posture

Appellants sought review of an order entered by the bankruptcy court denying them recovery for payments they made to the mortgage holder on the home of debtor.

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opinion summary, case decided on October 16, 2006 , LexisNexis #1206-097
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Fairchild Dornier GmbH v. Official Comm. of Unsecured Creditors

Jun
27
2006
Ruling
Bankruptcy court properly declined to recharacterize claim for reasons other than disallowance or equitable subordination.
Procedural posture

Appellant, the parent corporation of a bankrupt subsidiary debtor, sought review of a judgment from the District Court for the Eastern District of Virginia affirming the bankruptcy court's recharacterization of the parent corporation's sale of automobile parts to the debtor as an equity contribution rather than a debt.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 27, 2006 , LexisNexis #0906-048
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French v. Liebmann (In re French)

Feb
14
2006
Ruling
Judgment that the debtors' transfer of foreign property was avoidable as constructively fraudulent was affirmed.
Procedural posture

In a debtor's chapter 7 proceeding, appellee trustee filed an adversary proceeding against appellant transferees to avoid the debtor's transfer of foreign property to the transferees. The bankruptcy court found the transfer to be constructively fraudulent under 11 U.S.C. § 548(a)(1)(B), the District Court for the District of Maryland affirmed. The transferees appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 14, 2006 , LexisNexis #0206-116
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