- 11 U.S.C.
Kiley, In re
Dec
04
2018
Ruling
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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- 11 U.S.C.
Robertson, In re--Arma Yates, LLC v. Robertson
Oct
10
2018
Ruling
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Reynolds, In re
May
09
2018
Ruling
Law firm's request for payment was reduced where court found that the services providedwere unnecessary, duplicative, or excessive and were not reasonably likely to benefit theestate. (Bankr. D. Utah)
Issue(s)
Compensation of Officers; Determination of Amount.
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White, In re--Bird v. Wardley
Jan
17
2018
Ruling
Debtor could not be presumed to be insolvent as there was no sufficient undisputed evidence to conclude as a matter of law that he was not paying his debts as they came due during the time of the transfers. (Bankr. D. Utah)
Issue(s)
Summary Judgment.
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:
- 11 U.S.C.
Griffith, In re--McKell v. Griffith
Mar
07
2017
Ruling
Debt was not excepted from discharge where the court found that nothing in the record showed that debtor engaged in actual fraud to deprive creditor of his money. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud
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:
- 11 U.S.C.
In re Kirk LLC
Dec
15
2016
Ruling
LLC's proposed plan confirmed because there is an adequate disclosure statement and allcreditors had voted in favor of the plan. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Mandatory Provisions; Adequate Means of Implementation.
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:
- 11 U.S.C.
Ray Klein, Inc. v. Webb (In re Call)
Nov
14
2016
Ruling
Loan debt was nondischargeable due to debtor’s false representations regarding ability torepay. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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:
- 11 U.S.C.
In re Castle Serv., LLC
Nov
09
2016
Ruling
Relief from stay to foreclose denied where land was property of debtor LLC's estate andnecessary to debtor’s reorganization. (Bankr. D. Utah)
Issue(s)
Automatic Stay.
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- 11 U.S.C.
SE Prop. Holdings LLC v. Seaside Engg & Surveying (In re Seaside Engg & Surveying)
Mar
12
2015
Ruling
Plan including releases of claims against third parties properly confirmed.
Issue(s)
What is the authority of bankruptcy courts to issue non-consensual, non-debtor releases or bar orders, and what are the circumstances under which such bar orders might be appropriate?
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Oakwood Country Club Inc.
Nov
22
2010
Ruling
Disclosure statement for plan of reorganization not approved as plan was not confirmable due to inability of impaired creditors to vote.
Procedural posture
Debtor, the operator of a social club, submitted its disclosure statement for its plan of reorganization. The United States trustee objected to approval of the disclosure statement on the ground that the plan was not confirmable on its face.
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