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Northern District

Benneth v. Butler (In re Butler)

Ruling: 
Denial of discharge denied absent evidence of fraud or knowledge of undisclosed interest in property.
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Consumer case opionion summary, case decided on October 22,2013, LexisNexis #1113-064

Burtch v. Masiz (In re Vaso Active Pharms. Inc.)

Ruling: 
Receipt of proceeds of debtor's malpractice action settlement by debtor's principal amounted to fraudulent transfer.
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Commercial case opionion summary, case decided on October 15,2013, LexisNexis #1113-019

In re Cole

Ruling: 
Fee application of debtor's counsel denied to the extent deemed excessive although some additional compensation was merited.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-109

In re Augusta Apts. LLC

Counsel sought retroactive approval under 11 U.S.C.S. § 327 of his employment by the debtor and approval under 11 U.S.C.S. § 329 of $24,000 in fees for legal services rendered on behalf of the debtor. The United States Trustee (UST) objected to the fee application as untimely.
Ruling: 
Nunc pro tunc approval of employment of law firm denied.
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Commercial case opionion summary, case decided on July 03,2013, LexisNexis #0713-107

In re Scotchel

In this chapter 7 case, the trustee sought a determination that the debtor's $690,000 contingent fee award was property of his bankruptcy estate under 11 U.S.C.S. § 541.
Ruling: 
Debtor's attorney's postpetition contingency fee award was property of the estate.
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Consumer case opionion summary, case decided on April 26,2013, LexisNexis #0513-085

In re Mountaineer Bulk Servs.

Plaintiff Trustee's complaint contained two counts. In Count II, the Trustee alleged that defendant creditor did not properly perfect its liens on debtor's motor vehicles, and therefore another defendant, the predecessor trustee, improperly distributed proceeds from the sale of debtor's motor vehicles. The Trustee requested recovery of these proceeds from the creditor. The Trustee and creditor filed summary judgment motions as to Count II.
Ruling: 
Trustee's proceeding to avoid allegedly improperly perfected auto liens barred as untimely.
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Commercial case opionion summary, case decided on February 19,2013, LexisNexis #0313-070

In re Wilson

A bankruptcy debtor sought to reaffirm a debt to a creditor secured by the debtor's vehicle to allow the debtor to retain the vehicle. The debtor moved for approval of a reaffirmation agreement pursuant to 11 U.S.C.S. § 524.
Ruling: 
Reaffirmation agreement could not be approved due to potential undue hardship to debtor.
ABI Membership is required to access the full summary of In re Wilson. 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 June 26,2012, LexisNexis #0712-084

In re Square at Falling Run LLC

Petitioning creditor sought entry of an involuntary order for relief under 11 U.S.C. § 303 against the debtor pursuant to chapter 7 of the Bankruptcy Code.
Ruling: 
Relief granted in involuntary chapter 7 case where debtor was insolvent and incapable of achieving business objectives.
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Commercial case opionion summary, case decided on April 30,2012, LexisNexis #0512-072

In re Wolfe

The Office of the United States Trustee (USTE) sought to enjoin two individuals under 11 U.S.C.S. § 110(j)(3) and /or the court's general contempt powers from acting as bankruptcy petition preparers (BBPs), to impose fines against the preparers, to direct them to refund all fees collected after a certain date, and to assess any actual damages that may have been suffered by any debtor, plus an additional $2,000 for fraudulent and deceptive conduct.
Ruling: 
Individuals permanently enjoined from acting as bankruptcy petition preparers due to fee irregularities and violation of earlier court order to refund fees.
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Consumer case opionion summary, case decided on March 05,2012, LexisNexis #0512-112

Fromhart v. Tucker

Plaintiff lender sued defendants, including a bankruptcy debtor, in the Circuit Court of Marshall County, West Virginia, in connection with a series of loans. The debtor brought an indemnification claim against third-party defendant attorney, who removed the case to district court. Plaintiff and the debtor moved to remand.
Ruling: 
Court had "related to" jurisdiction over third party indemnification action that could impact administration of estate.
ABI Membership is required to access the full summary of Fromhart v. Tucker. 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 October 31,2011, LexisNexis #1111-100

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