- 11 U.S.C.
Surrey Inv. Servs. v. Smith
Oct
16
2009
Ruling
Debtor not entitled to credit for attorney's fees incurred between closing and reopening of case.
Procedural posture
A creditor and a chapter 7 bankruptcy trustee sought review of a decision of a bankruptcy court, which determined that appellee debtor was entitled to a credit for allowed administrative expenses pursuant to 11 U.S.C.S. § 503(b)(1)(A). The creditor had sued the debtor in state court, and the debtor had filed counterclaims, but failed to disclose this cause of action in his chapter 7 petition.
ABI Membership is required to access the full summary of Surrey Inv. Servs. v. Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Northern v. Mack (In re Mack)
Sep
18
2009
Ruling
Discharge denied due to failure to schedule multiple creditors, assets and criminal judgment.
Procedural posture
Plaintiff trustee filed a complaint objecting to defendant debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A). Specifically, the complaint alleged that debtor failed to list multiple creditors, bank accounts, assets, and criminal restitution judgments on the petition. The matter was pending decision following trial.
ABI Membership is required to access the full summary of Northern v. Mack (In re Mack) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Heglar
Aug
31
2009
Ruling
Hanging paragraph precluded bifurcation of claim secured by "910 vehicle."
Procedural posture
Bankruptcy debtors' plan of reorganization proposed to bifurcate the claim of a creditor secured by the debtors' vehicle into secured and unsecured amounts, and to pay the creditor only the secured amount. The creditor objected to confirmation of the debtors' plan on the ground that bifurcation was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
ABI Membership is required to access the full summary of In re Heglar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re ACA Real Estate LLC
Jul
14
2009
Ruling
Oversecured creditor allowed interest at contract rate.
Procedural posture
An oversecured creditor in a chapter 11 bankruptcy case sought postpetition interest under 11 U.S.C.S. § 506(b). The parties did not dispute that the creditor was entitled to interest. What was in dispute was the interest rate that should be applied in computing the postpetition interest.
ABI Membership is required to access the full summary of In re ACA Real Estate LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Martin
Jun
19
2009
Ruling
Case ordered converted to chapter 13 or dismissed on totality of circumstances showing that debtor could fund a plan.
Procedural posture
The U.S. Bankruptcy Administrator asserted that debtors' disposable income raised a presumption of abuse of chapter 7 bankruptcy and that, in any event, the circumstances of the debtors and their bankruptcy case indicated actual abuse. The Administrator moved to dismiss the debtors' case pursuant to 11 U.S.C.S. § 707(b).
ABI Membership is required to access the full summary of In re Martin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Myers
May
22
2009
Ruling
Case dismissed for abuse due to debtors' unreasonable expenditures.
Procedural posture
The debtors filed for relief under chapter 7. A bankruptcy administrator filed for dismissal of the case pursuant to 11 U.S.C.S. § 707(b)(1) and (3).
ABI Membership is required to access the full summary of In re Myers 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 Witherspoon
Apr
29
2009
Ruling
Reasonable attorneys' fees allowed in dismissed case for services that were necessary when rendered.
Procedural posture
A debtor filed for relief under chapter 13. An attorney for the debtor filed an application for allowance and payment of attorney's fees.
ABI Membership is required to access the full summary of In re Witherspoon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Heinze
Apr
16
2009
Ruling
Debtor's co-owner's share of fees from sale of property could be deducted from its share of proceeds.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. In earlier proceedings a chapter 7 trustee obtained an order to sell property that was held jointly by the debtor and another, and to employ the services of a salesperson. The trustee sought an order, pursuant to 11 U.S.C.S. § 363(j), for an allocation of fees and expenses related to the sale between the debtor's estate and the other owner.
ABI Membership is required to access the full summary of In re Heinze Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Shepard v. OQuinn
Mar
31
2009
Ruling
Collateral estoppel did not apply to federal default judgment so that dischargeability could be relitigated.
Procedural posture
Judgment creditor sued debtor, seeking a declaration that a federal default judgment finding the debtor liable to the creditor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and (6). The creditor moved for summary judgment.
ABI Membership is required to access the full summary of Shepard v. OQuinn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Crink
Mar
18
2009
Ruling
Case dismissed for bad faith as debtors could fund a chapter 13 plan with reasonable reduction of excessive expenses.
Procedural posture
The debtors filed for relief under chapter 7. A bankruptcy administrator sought dismissal of the case pursuant to 11 U.S.C.S. § 707(b)(1) and (3).
ABI Membership is required to access the full summary of In re Crink Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: