- 11 U.S.C.
In re Oakwood Country Club Inc.
Nov
01
2010
Ruling
Debtor's attorneys' fees approved less amounts arising from proposed sale that breached debtor's duty to unsecured creditors.
Procedural posture
Pursuant to 11 U.S.C.S. § 327, debtor filed a motion for compensation for its counsel.
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Court
:
- 11 U.S.C.
Wright v. Guess
Jan
25
2010
Ruling
Employment discrimination cause of action dismissed as not disclosed in debtor's bankruptcy.
Procedural posture
Plaintiff former employee sued defendant former employer's executive director, arguing that while acting in his official capacity, he violated 42 U.S.C.S. § 1983 by terminating her for exercising her constitutional right to free speech. The executive director moved to dismiss for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) and (h)(3), or alternatively, Fed. R. Civ. P. 12(c).
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Court
:
Clarke v UPS Inc.
Jan
15
2010
Ruling
Employment discrimination case dismissed as not disclosed by debtor employee in bankruptcy.
Procedural posture
Plaintiff employee filed a bankruptcy petition. Almost four years later, the employee sued defendant employer and alleged violation of 42 U.S.C.S. § 2000e et seq., 42 U.S.C.S. § 1981 and 42 U.S.C.S. § 12101 et seq. The employee did not amend her bankruptcy schedules. The employer moved to dismiss the complaint based upon judicial estoppel. A magistrate recommended that the motion to dismiss be granted. The employee objected.
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Court
:
Gordon v. Terrace Mortg. Co. (In re Kim)
Jun
17
2009
Ruling
Avoidance of lien reversed where state law care provision covered any alleged defect.
Procedural posture
Appellant secured creditor sought review of an order of the District Court for the Northern District of Georgia affirming the bankruptcy court's denial of the creditor's summary judgment motion and the granting of a summary judgment motion brought by appellee trustee in an adversary proceeding brought by the trustee seeking to allow the trustee to use his strong arm power to avoid the creditor's lien under 11 U.S.C.S. § 544(a).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Official Comm. of Unsecured Creditors v. Harris (In re Southwest Food Distribs. LLC)
Mar
31
2009
Ruling
Bankruptcy court acted appropriately in denying appointment of counsel to committee of unsecured creditors in addition to regional counsel.
Procedural posture
Appellant committee, which was appointed to represent the interests of a bankruptcy debtor's unsecured creditors per 11 U.S.C.S. § 1102, sought review of the District Court for the Northern District of Oklahoma's denial of its application for retention of counsel under 11 U.S.C.S. § 1103. Appellee secured creditor objected to its proposed retention of national counsel, arguing that the firm's rates were too high compared to regional counsel.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Fitzgerald
Oct
10
2008
Ruling
IRS Trust Fund Recovery penalty was personal to the debtors and had to be provided for in plan.
Procedural posture
Chapter 13 debtors objected to a proof of claim filed by the IRS, and the IRS objected to the confirmation of the debtors'plan under 11 U.S.C.S. § 1322(a)(2).
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Court
:
AFI Holding Inc. v. Barclay
Sep
04
2008
Ruling
Bankruptcy court erred in finding that investors in debtor's Ponzi scheme did not exchange reasonably equivalent value up to amount invested.
Procedural posture
Appellants, investors in chapter 7 debtor, challenged a decision of the Bankruptcy Court for the Central District of California, which granted appellee chapter 7 trustee summary judgment in an action to avoid transfers the debtor made to the investors prior to the debtor's bankruptcy pursuant to 11 U.S.C.S. § 544(b). The trustee cross-appealed the bankruptcy courts denial of prejudgment interest.
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Court
:
- 11 U.S.C.
Paul v. Iglehart (In re Paul)
Jul
28
2008
Ruling
Continuation of litigation in which debtors were nominal defendants including pursuit of discovery did not violate discharge injunction.
Procedural posture
This case concerned the protective scope of the discharge injunction. Plaintiff debtors brought an adversary proceeding against defendant, a state court plaintiff, alleging violation of the discharge injunction of 11 U.S.C.S. § 524(a)(2). The District Court for the District of Colorado held that the state court plaintiff violated the discharge injunction. The state court plaintiff appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
United States v. White
Oct
11
2006
Ruling
Post-confirmation assessment of tax liability was erroneously invalidated by district court.
Procedural posture
Plaintiff United States appealed from the District Court for the Northern District of Georgia, challenging the invalidation of its assessment of a tax liability against defendant debtor following confirmation of the taxpayer's chapter 11 bankruptcy plan.
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