- 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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McDow v. Sours (In re Sours)
Oct
10
2006
Ruling
Objection to discharge sustained as chapter 13 case was filed less than four years after discharge in converted chapter 7 case.
Procedural posture
Chapter 13 trustee filed a motion pursuant to Fed. R. Civ. P. 12(c), as incorporated into bankruptcy proceedings through Fed. R. Bankr. P. 7012, for judgment on the pleadings in his complaint, which objected to debtors'discharge pursuant to 11 U.S.C. § 1328(f).
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Court
:
- 11 U.S.C.
Terry v. Meredith (In re Meredith)
Sep
29
2006
Ruling
Transfer of debtor account's practice to corporation was fraudulent.
Procedural posture
Chapter 7 trustee brought a complaint against defendants, the wife of the sole shareholder of debtor and a corporation of which the wife was the sole shareholder. Trustee requested that the court determine that debtor and the corporation were alter egos of each other, pierce the corporate veil of the corporation, find that the transfers to defendants were fraudulent under 11 U.S.C. § 548, permit the recovery of the transferred assets.
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Court
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- 11 U.S.C.
Jordan v. Smith
Sep
26
2006
Ruling
Discharge properly revoked for debtor's failure to obey administrative order.
Procedural posture
The bankruptcy court revoked appellant debtor's discharge of indebtedness pursuant to 11 U.S.C. § 727(d)(3), for refusing to obey its administrative order, which expressly forbade debtor from transferring any interest in her property, even after discharge. Debtor appealed pursuant to 28 U.S.C. § 158(a).
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Court
:
- 28 U.S.C.
Massey Energy Co. v. West Virginia Consumers for Justice
Sep
26
2006
Ruling
Mandatory abstention applied to remand defamation action to state court.
Procedural posture
In a state court, plaintiffs, an energy company and its president, filed defamation and business conspiracy claims against defendants, a political advocacy group and its president. The claims were removed pursuant to 28 U.S.C. §§ 1334(b) and 1452 on the ground that the claims were related to the advocacy group's bankruptcy proceeding. Plaintiffs filed a motion to abstain and remand. The advocacy group's president filed a motion to transfer.
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Court
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In re DeCelis
Sep
22
2006
Ruling
Trusteecould not sell property free and clear of co-owner's interest absent co-owner's affirmative consent.
Procedural posture
In an adversary proceeding, a trustee obtained a default order declaring that the transfer by defendant debtor to defendant co-owner of an interest in a house was void. After learning that the debtor and the co-owner acquired title to the subject property as tenants in common from the same grantors in a single deed, the trustee filed a motion to sell the property free and clear of the co- owner's interest pursuant to 11 U.S.C. § 363(f).
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Court
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In re Anderson
Aug
30
2006
Ruling
Bankruptcy court properly allowed presumptively valid claims absent evidence from debtor that would rebut the claims.
Procedural posture
Appellant debtor sought review of a bankruptcy court's order allowing the claims of appellee creditors. The debtor did not seek a stay of the order allowing the creditors'claims, and the debtor did not appeal the bankruptcy court's approval of the trustee's plan of reorganization. The creditors contended that the appeal was equitably moot.
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Court
:
- 11 U.S.C.
In re Jones
Aug
04
2006
Ruling
Damages for post-discharge personal injury action were not limited to insurance coverage provided plaintiff could not recover from debtor absent determination of nondischargeability.
Procedural posture
A third party filed a personal injury suit against a chapter 7 debtor in the Circuit Court of Loudoun County (Virginia). The state court asked the court to determine what effect the discharge injunction under 11 U.S.C. § 524(a) had on the personal injury suit. The court reopened the debtor's bankruptcy case and treated the request as a motion for clarification filed by the debtor. It held a hearing and thereafter issued an opinion.
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Court
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In re Dyson
Jul
28
2006
Ruling
Debtor's motion to avoid lien as preference denied as debtor could not exempt portion of real property equity to which lien attached.
Procedural posture
Debtor, an individual who had filed a chapter 13 bankruptcy, filed a motion to avoid a judgment lien docketed against her real property by a creditor. At issue was whether debtor was entitled to step into the shoes of the trustee and avoid the lien as a preference as permitted by 11 U.S.C. § 547(b).
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Court
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In re Bryant
Jul
28
2006
Ruling
Court approved portion of attorney's application for compensation.
Procedural posture
The attorney for two chapter 13 debtors filed an application for compensation, seeking additional compensation of $4,610 for fees and $359 for costs incurred.
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Court
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