- 11 U.S.C.
In re Ritz
May
22
2015
Ruling
Bankruptcy court properly held debt to be dischargeable where creditor did not allege any false representation leading to debtor's alleged fraud.
Issue(s)
Did bankruptcy court properly hold contractual debt owed to creditor by a corporation of which debtor was a shareholder to be dischargeable?
ABI Membership is required to access the full summary of In re Ritz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Templeton v. OCheskey (In re Am. Hous. Found.)
Apr
28
2015
Ruling
Investor's claims properly subordinated because the claims were for damages arising from the purchase or sale of a security of an affiliate of the debtor.
Issue(s)
Were creditor's claims based on investment in debtor's low-income housing projects properly subordinated as arising from the purchase or sale of a security?
ABI Membership is required to access the full summary of Templeton v. OCheskey (In re Am. Hous. Found.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hoilien
Feb
03
2015
Ruling
Creditor did not violate stay in debtor's third case where debtor had not moved for an extension and the stay had expired.
Issue(s)
Was the automatic stay still in effect in debtor's third bankruptcy case filed within one year or had the stay expired, allowing creditor to proceed with sale of property?
ABI Membership is required to access the full summary of In re Hoilien Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tag Invs. Ltd. v. Monaco (In re Monaco)
Aug
01
2014
Ruling
Debt based on debtor contractor's failure to pay subcontractors with funds paid by creditor owner for that purpose was nondischargeable due to fiduciary defalcation.
Issue(s)
Was debtor contractor's alleged misappropriation of trust funds intended for payment of subcontractors in violation of state construction trust fund law grounds for nondischargeable debt?
ABI Membership is required to access the full summary of Tag Invs. Ltd. v. Monaco (In re Monaco) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schooler v. United States of Am. by Lamesa Natl Bank
Aug
06
2013
Ruling
Unsecured creditor's claim against trustee was properly brought within §322(d) limitations period.
ABI Membership is required to access the full summary of Schooler v. United States of Am. by Lamesa Natl Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Labella v. Steves (In re Steves)
Jun
26
2013
Ruling
False representations made by debtor to secure pool installation contract resulted in nondischargeable debt.
Procedural posture
Creditors filed a complaint against chapter 7 debtors requesting that their claim be declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The court ruled in favor of the creditors, and the United States District Court for the Western District of Texas affirmed. The United States Court of Appeals for the Fifth Circuit vacated those orders and remanded for further factual findings.
ABI Membership is required to access the full summary of Labella v. Steves (In re Steves) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Teta v. Chow (In re TWL Corp.)
Mar
29
2013
Ruling
Denial of class certification of WARN Act administrative expense claim reversed.
Procedural posture
In an adversary proceeding to enforce the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C.S. §§ 2101-2109, against debtor employer, the bankruptcy court denied appellant employee's motion for class certification and granted the Trustee's motion to dismiss. The United States District Court for the Eastern District of Texas affirmed the bankruptcy court's order. The employee appealed.
ABI Membership is required to access the full summary of Teta v. Chow (In re TWL Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Vogelgesang
Feb
27
2013
Ruling
Extension of time to file nondischargeability proceeding granted due to creditor's recent awareness of trustee's fraudulent transfer and preference investigations.
Procedural posture
This was a contested matter in bankruptcy,. Fed. R. Bankr. P. 9014. Two creditors filed a motion to enlarge the time in which to file a complaint objecting to discharge under 11 U.S.C.S. § 523(c). Debtors opposed the motion.
ABI Membership is required to access the full summary of In re Vogelgesang Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hernandez, In re
Oct
02
2012
Ruling
Debtor's loan was a nondischargeable debt where his actions amounted to defalcation while ina fiduciary capacity. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
ABI Membership is required to access the full summary of Hernandez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Marques
Sep
19
2012
Ruling
Debtor was ineligible under chapter 13 due to debts in excess of threshold limits.
Procedural posture
Secured creditors filed motions for relief from the automatic and a codebtor's stays.
ABI Membership is required to access the full summary of In re Marques Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: