Skip to main content

Page Banner(Taxonomy)

judge doub

In re Edinger

Ruling
Claim for award of attorneys' fees to debtor's former spouse was a nondischargeable domestic support obligation.
Issue(s)
Was an award of attorneys' fees to debtor's former spouse a nondischargeable domestic support obligation?

ABI Membership is required to access the full summary of In re Edinger Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 16, 2014 , LexisNexis #1114-046

In re McLawhorn

Ruling
Debtor in case converted to chapter 7 could not convert back to chapter 13.
Issue(s)
Could debtor who converted chapter 13 case to chapter 7 reconvert the case to chapter 13?

ABI Membership is required to access the full summary of In re McLawhorn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 02, 2014 , LexisNexis #1014-131

In re Braxton

Ruling
Corporation that owed payments to debtor sanctioned for purposeful evasion of court orders to provide information to trustee.
Issue(s)
Should corporation that owed money to debtor be sanctioned for failing to comply with court orders for examination?

ABI Membership is required to access the full summary of In re Braxton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 21, 2014 , LexisNexis #0914-104

Angell v. Montague Farms Inc. (In re Tanglewood Farms Inc.)

Ruling
Summary judgment in fraudulent transfer proceeding denied due to failure to demonstrate debtor's insolvency on transfer date.
Issue(s)
Did trustee demonstrate that debtor was insolvent on date of alleged fraudulent transfer so as to be entitled to summary judgment in its avoidance proceeding?

ABI Membership is required to access the full summary of Angell v. Montague Farms Inc. (In re Tanglewood Farms Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 04, 2014 , LexisNexis #0914-056

Angell v. Morris (In re Tanglewood Farms Inc.)

Ruling
Trustee could recover for fraudulent transfer only to the extent debtor did not receive reasonably equivalent value.
Issue(s)
Whether the Debtor received less than reasonably equivalent value in exchange for transfers as a matter of law so as to allow avoidance?

ABI Membership is required to access the full summary of Angell v. Morris (In re Tanglewood Farms Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 24, 2014 , LexisNexis #0814-094

In re Gherini

Ruling
Criminal proceedings initiated against debtor prior to petition date were not subject to automatic stay.
Issue(s)
Were criminal fraud proceedings against debtor subject to the automatic stay?

ABI Membership is required to access the full summary of In re Gherini Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 06, 2014 , LexisNexis #0714-113

Angell v. Open Grounds Farm Inc. (In re Tanglewood Farms Inc.)

Ruling
Wire transfer from account of debtor's 100 percent shareholder and president was avoidable as fraudulent.
Issue(s)
Were prepetition transfers from account of debtor's 100 percent shareholder and president, made to satisfy the obligation of a non-debtor entity, avoidable as fraudulent?

ABI Membership is required to access the full summary of Angell v. Open Grounds Farm Inc. (In re Tanglewood Farms Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 05, 2014 , LexisNexis #0714-129

Bradshaw v. Asset Ventures LLC (In re Bradshaw)

Ruling
Debtor could modify security interest in escrow account asserted in deed of trust.
Issue(s)
Could chapter 13 debtor modify a security interest in an escrow account asserted in a deed of trust?

ABI Membership is required to access the full summary of Bradshaw v. Asset Ventures LLC (In re Bradshaw) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 04, 2014 , LexisNexis #0814-031

Angell v. Montague Farms Inc. (In re Tanglewood Farms Inc.)

Ruling
Transferee not entitled to summary judgment in trustee's avoidance proceeding alleging an constructively fraudulent transfer.
Issue(s)
Was specialty soybean grower entitled to summary judgment in trustee's proceeding for avoidance proceeding based on offsets the grower received on payments owed to debtor in satisfaction of amounts owed to the grower by debtor's president and sole shareholder?

ABI Membership is required to access the full summary of Angell v. Montague Farms Inc. (In re Tanglewood Farms Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 23, 2014 , LexisNexis #0614-092

Angell v. Larabee (In re Tanglewood Farms Inc.)

Ruling
Transfers were not avoidable due where transferee was entitled to an offset against larger amount owed by debtor.
Issue(s)
Were allegedly preferential transfers by debtor to soybean grower avoidable or were the payments covered by the ordinary course of business exception?

ABI Membership is required to access the full summary of Angell v. Larabee (In re Tanglewood Farms Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 23, 2014 , LexisNexis #0614-098