- 11 U.S.C.
Stiles v. Vaden (In re Bechtold)
Feb
14
2014
Ruling
Trustee's complaint that was adequate with respect to debtors' unauthorized sale of residence ordered amended to set forth recovery sought.
Issue(s)
Should trustee's proceeding for avoidance of debtor's unauthorized sale of residence and recovery of value of residence, plus closing disbursements, be dismissed due to inadequately stated claims and failure to join indispensible parties?
ABI Membership is required to access the full summary of Stiles v. Vaden (In re Bechtold) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Owens
Jan
15
2014
Ruling
Creditor lender asserted claim for postpetition fees in assessment notice and was required to comply with Rule 3002.1.
Issue(s)
Was creditor lender required to comply with Rule 3002.1(c) when it claimed it did not assert the fees were currently recoverable against the debtors.
ABI Membership is required to access the full summary of In re Owens Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Dean v. Brown (In re Brown)
Oct
08
2013
Ruling
Misrepresentation regarding real estate project led to nondischargeable debt.
Issue(s)
Did fraudulent misrepresentations on which creditors relied to invest in debtor's real estate project result in nondischargeable debt .
ABI Membership is required to access the full summary of Dean v. Brown (In re Brown) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Jennings
Mar
19
2013
Ruling
Conversion to chapter 13 denied as attempt to prevent recovery of assets and block adversary proceeding.
Procedural posture
The chapter 7 debtors filed a motion to convert their case to chapter 13 pursuant to 11 U.S.C.S. § 706(a). A chapter 7 trustee objected on the grounds that the conversion would be a bad faith effort to further the concealment of the assets and the false oaths made by the debtors.
ABI Membership is required to access the full summary of In re Jennings 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 Roselli
Mar
06
2013
Ruling
Involuntary petition filed by sole petitioning creditor dismissed as debtor had more than 12 qualifying creditors with noncontingent undisputed debts.
Procedural posture
This matter came before the court on alleged debtor's answer to a creditor's involuntary petition, motions to dismiss, and counterclaims.
ABI Membership is required to access the full summary of In re Roselli 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 RTJJ Inc.
Feb
06
2013
Ruling
Plan of debtor real estate company confirmed as reorganization was preferable to for creditors to a forced sale, which would depress property values.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and asked the court to confirm its second amended bankruptcy plan. A bank that was the debtor's largest creditor filed an objection to the plan and asked the court for relief under 11 U.S.C.S. § 362(d) so it could foreclose on property the debtor owned. The court held a hearing on the debtor's request for confirmation and the motion for stay relief.
ABI Membership is required to access the full summary of In re RTJJ Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Spiers v. Spiers (In re Spiers)
Jan
28
2013
Ruling
Discharge denied for bad faith due to intentional nondisclosures, failure to produce documents, lies at Rule 2004 examination and failure to keep accurate records.
Procedural posture
Chapter 7 trustee filed a complaint against debtor objecting to his discharge under 11 U.S.C.S. § 727 and seeking monetary relief on the grounds that the debtor intentionally failed to disclose numerous assets and transfers of assets. The trustee also objected to the debtor's exemptions. The debtor moved for authorization to pay post-petition attorneys fees from exempt assets.
ABI Membership is required to access the full summary of Spiers v. Spiers (In re Spiers) 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 Eagan
Jan
22
2013
Ruling
Plan confirmed where unauthorized loans during pendency of case did not affect whether plan was proposed in good faith.
Procedural posture
Before the court was the confirmation of the chapter 11 debtor's plan.
ABI Membership is required to access the full summary of In re Eagan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wallace v. Crawford (In re Meyers)
Nov
14
2012
Ruling
Life insurance proceeds were property of deceased debtor's spouse's bankruptcy estate.
Procedural posture
The purported beneficiary of a $2,000,000 term life insurance policy sought the proceeds thereof following the death of the named insured. The chapter 7 trustee for the bankruptcy estate of decedent's spouse argued that the chapter 7 estate was the proper beneficiary of the policy, because the right to name the beneficiary had belonged to decedent's prior chapter 7 estate.
ABI Membership is required to access the full summary of Wallace v. Crawford (In re Meyers) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Day Care-Sam Furr LLC v. McKinnell (In re Ross)
Sep
11
2012
Ruling
Debt was nondischargeable due to debtor's inducement of creditor to extend line of credit to maintain property and conversion of proceeds for personal use.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor was liable for misappropriation of funds from the creditor's wholly owned limited liability company (LLC), and that such debt was nondischargeable under 11 U.S.C.S. § 523(a).
ABI Membership is required to access the full summary of Day Care-Sam Furr LLC v. McKinnell (In re Ross) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: