Kinkade v. Kinkade (In re Kinkade)

Feb

2013

Ruling

Bankruptcy court properly held debt incurred in course of divorce was nondischargeable.

Procedural posture

Debtor filed a chapter 7 bankruptcy petition. Ex-wife initiated an adversary proceeding to contest discharge of debt in the course of the debtor's bankruptcy under 11 U.S.C.S. § 523(a)(15). The bankruptcy court granted summary judgment in the ex-wife's favor. The United States District Court for the Eastern District of Louisiana affirmed. The debtor appealed.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on February 06, 2013 , LexisNexis #0313-018

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11 U.S.C.
- § 328
- § 328(a)

Asarco LLC v. Barclays Capital Inc. (In re Asarco LLC)

Dec

2012

Ruling

Fee enhancement for financial advisor reversed due to failure to satisfy improvidence exception.

Procedural posture

Appellant reorganized debtor appealed the bankruptcy court's award of $975,000 to appellee financial advisor and the advisor appealed the bankruptcy court's denial of the success fee and auction fee. The U.S. District Court for the Southern District of Texas affirmed all of the bankruptcy court's decisions. The parties appealed. The challenged the $975,000 fee award and the advisor contested the denial of its request for a $2 million success fee.

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Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on December 11, 2012 , LexisNexis #0113-034

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11 U.S.C.

Nowlin v. Peake (In re Nowlin)

Jul

2009

Ruling

Confirmation properly denied due to chapter 13 debtor's failure to devote all projected disposable income to plan.

Procedural posture

The United States District Court for the Southern District of Texas affirmed a denial of confirmation of a chapter 13 debtor's plan. Appealing, the debtor argued additional money after paying off a 401(k) loan should not have been considered because calculating "projected disposable income" under 11 U.S.C.S. § 1325(b)(1) should involve only determining current disposable income under § 1325(b)(2), and multiplying that by the plan's term.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on July 17, 2009 , LexisNexis #0809-057

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