- 11 U.S.C.
American Express Centurion Bank v. Welch (In re Welch)
Mar
03
2009
Ruling
Debt held nondischargeable based on debtor's deemed admission.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor owed the bank $ 94,102.31, that the entire debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), that $ 8,756.58 of the debt was nondischargeable under 11 U.S.C.S. § 523(a)(14). The bank also asked for attorney's fees and costs. The bank filed a motion for summary judgment.
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Court
:
In re ELite Eyewear Holding Inc.
Feb
05
2009
Ruling
Debtor's several U.S. affiliated LLCs and partnerships ordered consolidated with estate.
Procedural posture
A debtor filed for relief under chapter 7. Chapter 7 trustee sought to substantively consolidate certain affiliated and related subsidiaries and partnerships with the bankruptcy estate of the debtor.
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Court
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In re King
Jan
06
2009
Ruling
Chapter 7 case ordered converted or dismissed on grounds of abuse where trimming of excess expenses would allow for feasible plan.
Procedural posture
The trustee moved to dismiss the debtors' chapter 7 bankruptcy case pursuant to 11 U.S.C.S. § 707(b) and Fed. R. Bankr. P. 1017(e).
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Court
:
- 11 U.S.C.
In re Ariyaserbsiri
Sep
17
2008
Ruling
Below-median debtor's income had to be combined with that of non-debtor spouse in determining appropriate commitment period.
Procedural posture
A bankruptcy debtor proposed a plan which provided for payments over a period less than five years because the debtor's income was below the median income of a family similar to the debtor's family. The bankruptcy trustee objected to confirmation of the debtor's plan on the ground that the debtor's family income exceeded the median when the income of the debtor's non-filing spouse was included, and thus the five-year commitment period applied.
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Court
:
- 11 U.S.C.
In re Ferrell
Jul
21
2008
Ruling
Trustee was not required to advise debtor on terms of agreement to cure default under plan.
Procedural posture
After initially defaulting on their plan payments, the debtors and the chapter 13 trustee entered into an agreed order which required the debtors' to pay all past due payments pursuant a schedule and remain current on the monthly plan payments. The debtors again defaulted, the trustee filed a certificate of non-compliance, and the case was dismissed. The debtors moved to alter or amend the dismissal order pursuant to Fed. R. Civ. P. 59(e).
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Court
:
- 11 U.S.C.
Cole v. Cole (In re Cole)
Apr
15
2008
Ruling
Obligation incurred in course of marriage and assigned to debtor in divorce decree was nondischargeable.
Procedural posture
Plaintiff former wife filed an action against defendant debtor, seeking a determination that the obligations assumed by the debtor in a final divorce decree were not dischargeable in bankruptcy pursuant to 11 U.S.C.S. § 523(a)(15). After a trial, the court issued findings of fact and conclusions of law.
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Court
:
Moser v. Bank of Texas (In re Chambers)
Feb
25
2008
Ruling
Assets in spendthrift trust not subject to turnover.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor, a bank, and a trust beneficiary, seeking an order under 11 U.S.C.S. § 542(a) requiring the bank to turn over assets it held in a trust the debtor's grandfather created. The bank opposed the trustee's action.
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Court
:
- 11 U.S.C.
Service Steel Warehouse Co. LP v. Kannard (In re Kannard)
Feb
22
2008
Ruling
Debts to suppliers were dischargeable where debtor contractor was not a fiduciary and did not willfully breach a duty to creditors.
Procedural posture
Plaintiff supplier of materials for a construction project, and intervenor supplier of labor, prosecuted an adversary proceeding against defendant bankruptcy debtor, the sole owner of the contractor for the project, seeking a determination that amounts owing to the suppliers were not dischargeable debts under 11 U.S.C.S. § 523(a)(4) based on fiduciary fraud.
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Court
:
- 11 U.S.C.
In re Nature Leisure Times LLC
Dec
19
2007
Ruling
Free and clear sale of assets by trustee approved where estate cash flow was insufficient to continue operation of debtor's lodge facility.
Procedural posture
The chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 363(b)(1) to sell assets free and clear of all liens and assign executory contracts and unexpired leases.
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Court
:
In re Richardson
Dec
07
2007
Ruling
Temporary waiver of credit counseling requirement denied due to lack of exigent circumstances.
Procedural posture
A debtor filed for relief under chapter 13. The debtor requested a temporary waiver of the credit counseling requirement that was set forth in 11 U.S.C. § 109(h).
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Court
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