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Menotte v. United States (In re Custom Contractors LLC)

Mar
26
2014
Ruling
IRS not liable for fraudulent tax payment which was subsequently refunded to debtor's principal.
Issue(s)
Could trustee avoid an allegedly fraudulent transfer made by debtor to the IRS towards the tax liability of its principal that was subsequently refunded, or was the IRS a mere conduit?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 26, 2014 , LexisNexis #0414-061
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Miller v. Kelly

Nov
04
2011
Ruling
Motion for attorneys' fees and sanctions subject to thirty day stay in debtor's second bankruptcy case.
Procedural posture

Plaintiff bankruptcy debtor sued defendant for libel. After the claim was dismissed for failure to prosecute, defendant moved for attorney's fees and sanctions. The debtor moved to postpone or strike defendant's motion as barred by the automatic stay under 11 U.S.C.S. § 362.

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Consumer opinion summary, case decided on November 04, 2011 , LexisNexis #1111-110
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Whaley v. Tennyson (In re Tennyson)

Jul
16
2010
Ruling
Confirmation of above median debtor's plan reversed for insufficient duration and failure to pay unsecured creditors in full.
Procedural posture

A chapter 13 debtor proposed a 3-year plan without providing for full repayment of his unsecured creditors. Plaintiff trustee objected, arguing 11 U.S.C.S. § 1325(b)(4) required above median income debtors to remain in bankruptcy for at least 5 years, unless unsecured claims were paid in full. The bankruptcy court confirmed the 3-year plan and the District Court for the Northern District of Georgia affirmed. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 16, 2010 , LexisNexis #1010-030
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Valley Historic Ltd. Pship v. Bank of New York

May
17
2007
Ruling
Postconfirmation adversary proceeding brought by debtor against bank for breach of contract was not related to bankruptcy.
Procedural posture

Appellant debtor sought review of a decision of the District Court for the Eastern District of Virginia, which determined that a bankruptcy court lacked jurisdiction, pursuant to 28 U.S.C. § 1334(b), over the debtor's postconfirmation adversary proceeding against appellee bank for breach of contract and for tortious interference.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on May 17, 2007 , LexisNexis #0607-105
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Small v. Arkansas Fair Housing Commn

Feb
06
2007
Ruling
Employee estopped from bringing discrimination action that was not disclosed in bankruptcy.
Procedural posture

Plaintiff former employee, acting pro se, brought an action against defendant employer alleging that he was wrongfully terminated and subjected to a hostile work environment because of his race and sex, in violation of Title VII of the Civil Rights Act of 1964, as amended. The employer filed a motion for summary judgment arguing that the employee should be judicially estopped from bringing the suit under 11 U.S.C. § 521(1).

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opinion summary, case decided on February 06, 2007 , LexisNexis #0307-059
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