Skip to main content

Page Banner(Taxonomy)

judge wiener

Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)

Jan
28
2016
Ruling
Avoidance properly denied where creditor made transfer from proceeds of own collateral.
Issue(s)
Did the bankruptcy court err in holding that transfers from proceeds of accounts receivable in which creditor held a security interest were not preferential?

ABI Membership is required to access the full summary of Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.) 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
Commercial opinion summary, case decided on January 28, 2016 , LexisNexis #0216-125
LexisNexis Article
Learn More

Hoff v. McConnell (In re Hoff)

Jun
15
2011
Ruling
Case remanded for determination of amount debtor could withdraw from trust on petition date to allow recovery of that amount for the estate.
Procedural posture

Debtor, the beneficiary of a trust, filed for bankruptcy protection. Appellee bankruptcy trustee sought to bring funds of the trust into the bankruptcy estate, free of trust. The bankruptcy court ruled that debtor could not make a withdrawal from the trust because his mother, a settlor, was still living. The U.S. District Court for the Western District of Texas reversed. Debtor and his mother appealed.

ABI Membership is required to access the full summary of Hoff v. McConnell (In re Hoff) 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
Consumer opinion summary, case decided on June 15, 2011 , LexisNexis #0711-034
LexisNexis Article
Learn More

Aguiluz v. Bayhi (In re Bayhi)

May
16
2008
Ruling
Contempt order reversed as debtor's spouse's attempt to enforce contribution claim on nondischargeable student loan debt did not violate discharge injunction.
Procedural posture

The District Court for the Middle District of Louisiana, affirming a bankruptcy court, vacated a state court judgment, enjoined further state court litigation, and held appellant ex-husband in contempt, pursuant to 11 U.S.C.S. § 524(a), for attempting to enforce contribution from appellee debtor ex-wife in connection with an outstanding student loan. The ex-husband appealed.

ABI Membership is required to access the full summary of Aguiluz v. Bayhi (In re Bayhi) 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
Consumer opinion summary, case decided on May 16, 2008 , LexisNexis #0608-062
LexisNexis Article
Learn More

The Cadle Co. v. Pratt (In re Pratt)

Apr
08
2008
Ruling
Denial of sanctions was proper but appeal of award of attorneys fees dismissed due to remand for further proceedings.
Procedural posture

On appeal from the District Court for the Northern District of Texas, appellant challenged a bankruptcy court's denial of its motion for sanctions against counsel for appellee debtor in an underlying chapter 7 bankruptcy proceeding and an award of attorney's fees debtor's counsel.

ABI Membership is required to access the full summary of The Cadle Co. v. Pratt (In re Pratt) 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
Consumer opinion summary, case decided on April 08, 2008 , LexisNexis #0408-140
LexisNexis Article
Learn More
Subscribe to %1