Judge Whitley

In re Jennings

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.
Ruling: 
Conversion to chapter 13 denied as attempt to prevent recovery of assets and block adversary proceeding.
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
Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-059

In re Roselli

This matter came before the court on alleged debtor's answer to a creditor's involuntary petition, motions to dismiss, and counterclaims.
Ruling: 
Involuntary petition filed by sole petitioning creditor dismissed as debtor had more than 12 qualifying creditors with noncontingent undisputed debts.
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
Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-106

In re RTJJ Inc.

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.
Ruling: 
Plan of debtor real estate company confirmed as reorganization was preferable to for creditors to a forced sale, which would depress property values.
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
Commercial case opionion summary, case decided on February 06,2013, LexisNexis #0213-132

Spiers v. Spiers (In re Spiers)

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.
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.
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
Consumer case opionion summary, case decided on January 28,2013, LexisNexis #0213-092

In re Eagan

Before the court was the confirmation of the chapter 11 debtor's plan.
Ruling: 
Plan confirmed where unauthorized loans during pendency of case did not affect whether plan was proposed in good faith.
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
Consumer case opionion summary, case decided on January 22,2013, LexisNexis #0213-057

Wallace v. Crawford (In re Meyers)

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.
Ruling: 
Life insurance proceeds were property of deceased debtor's spouse's bankruptcy 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
Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-022

Day Care-Sam Furr LLC v. McKinnell (In re Ross)

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).
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.
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
Consumer case opionion summary, case decided on September 11,2012, LexisNexis #1012-049

In re Carolina Industries Ltd.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and sought permission to make a postpetition distribution in the amount of $44,578 to its shareholders to pay the personal tax liabilities the shareholders had to the North Carolina Department of Revenue ("NCDOR"). A committee of unsecured creditors and a judgment creditor filed objections to the debtor's motion.
Ruling: 
Debtor's motion for postpetition distribution to shareholders denied.
ABI Membership is required to access the full summary of In re Carolina Industries Ltd.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 11,2012, LexisNexis #0812-030

In re Casseday

In a voluntary chapter 7 case, the Trustee filed an objection to the debtor's exemptions.
Ruling: 
Debtor's exemptions forfeited on grounds of bad faith.
ABI Membership is required to access the full summary of In re Casseday. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-002

In re Bechtold

Bankruptcy debtors were ordered to show cause why sanctions should not be imposed against the debtors for selling real property after their bankruptcy petition was filed without authorization. The debtors moved for approval of the sale nunc pro tunc and to amend their schedules to claim an exemption in the property.
Ruling: 
Sanctions imposed against debtor for unauthorized postpetition sale of property.
ABI Membership is required to access the full summary of In re Bechtold. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 19,2012, LexisNexis #0512-042

Pages

Subscribe to Judge Whitley