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McNally v. Echart (In re Echart)

Sep
05
2007
Ruling
Discharge revoked due to debtors'knowing failure to turn refund over to trustee.
Procedural posture

Plaintiff chapter 7 trustee sought to revoke the discharge of defendant chapter 7 debtors pursuant to 11 U.S.C. § 727(d)(2).

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opinion summary, case decided on September 05, 2007 , LexisNexis #1007-028
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In re Adaway

Apr
10
2007
Ruling
Debt on vehicle purchased for transportation needs of non-debtor spouse while debtor was on extended absence for work was not subject to the "hanging paragraph"and could be bifurcated.
Procedural posture

Debtor proposed a second amended chapter 13 plan and sought its confirmation. Debtor's plan proposed to bifurcate creditor vehicle lender's claim into secured and unsecured components. The lender objected, arguing that its claim was protected from 11 U.S.C. § 506 bifurcation by the "dangling paragraph" following 11 U.S.C. § 1325(a)(9).

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opinion summary, case decided on April 10, 2007 , LexisNexis #0607-014
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In re W.B.S.S. LP

Mar
13
2007
Ruling
Relief from stay granted to allow foreclosure of judgment lien on property necessary to fund reorganization where debtor had made no genuine efforts to fund plan.
Procedural posture

Movants filed a motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2) to foreclose their judgment lien upon chapter 11 debtor's property interests.

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opinion summary, case decided on March 13, 2007 , LexisNexis #0607-074
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Evans v. Ottimo

Nov
20
2006
Ruling
District court properly reversed bankruptcy court and held that collateral estoppel barred debtors from contesting issue of fraud.
Procedural posture

In an adversary proceeding commenced by plaintiff creditor, the Bankruptcy Court for the Eastern District of New York denied the creditor's summary judgment motion. Reversing the bankruptcy court's decision, the District Court for the Eastern District of New York held that collateral estoppel barred defendant debtors from relitigating whether a debt was nondischargeable under 11 U.S.C. § 523(a). The debtors appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on November 20, 2006 , LexisNexis #1206-054
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In re Allen

Oct
13
2006
Ruling
Confirmation denied due to failure to recognize creditor's rights under hanging paragraph.
Procedural posture

Debtors proposed a chapter 13 plan and sought confirmation. The court sua sponte questioned the propriety of confirming a plan, even in the absence of an objection from an affected secured creditor, that proposed a bifurcation of a claim into secured and unsecured components when such claim was entitled to protection from bifurcation under 11 U.S.C. § 506 by the "dangling paragraph" following 11 U.S.C. § 1325(a)(9).

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opinion summary, case decided on October 13, 2006 , LexisNexis #0307-117
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Mooney v. Green Tree Serv. LLC (In re Mooney)

Mar
23
2006
Ruling
Creditor willfully and maliciously violated the discharge injunction since the creditor continued to pursue the debtor for the discharged debts.
Procedural posture

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant creditor, alleging that the creditor violated the discharge injunction of 11 U.S.C. § 524(a)(2) by attempting to collect a debt to the creditor which was discharged in the debtor's bankruptcy. The bankruptcy court conducted a trial.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-130
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Texas v. Davis (In re Davis)

Mar
16
2006
Ruling
Bail bond forefeiture judgment owed to the state of Texas was deemed dischargeable.
Procedural posture

Plaintiff, the state of Texas, filed an adversary proceeding against defendant debtor to determine the dischargeability of an obligation arising from a bail bond judgment that was assessed against the debtor as a bail surety. The state contended that discharge of the debt was barred by the Eleventh Amendment or, alternatively, that the debt was non-dischargeable under 11 U.S.C. § 523(a)(7).

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opinion summary, case decided on March 16, 2006 , LexisNexis #0406-124
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Goldberg v. Craig (In re Hydro-Action Inc.)

Mar
14
2006
Ruling
Alleged insiders of corporate debtor were granted summary judgment on the grounds that the preferential transfer claims were made untimely.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, alleged insiders of a corporate bankruptcy debtor, seeking to avoid alleged fraudulent, preferential, and postpetition transfers. The insiders moved for summary judgment based on the limitations period of 11 U.S.C. § 546(a) and based on lack of evidence of postpetition transfers.

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opinion summary, case decided on March 14, 2006 , LexisNexis #0406-131
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