In re Gellington
Mar
08
2007
Ruling
Garnishment of debtor's wages by State after erroneous omission of support payments violated stay, but State was not subject to sanctions.
Procedural posture
Chapter 13 debtor filed a motion for sanctions pursuant to 11 U.S.C. § 362(a), asking the court to sanction the Office of the Attorney General for the State of Texas and its agent, an Assistant Attorney General, for willful violation of the automatic stay and to require the return of the funds that had garnished since the bankruptcy filing.
ABI Membership is required to access the full summary of In re Gellington Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Neary v. Jordan (In re Jordan)
Nov
21
2006
Ruling
Court refused to deny discharge where debtor's alleged omissions were immaterial and not due to intentional concelament.
Procedural posture
The United States Trustee filed a complaint objecting to chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A) and (a)(4)(D).
ABI Membership is required to access the full summary of Neary v. Jordan (In re Jordan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Gadzooks Inc.
Oct
05
2006
Ruling
Professional fees could be allowed if reasonable when rendered and could not be judged in hindsight.
Procedural posture
The chapter 11 matter was before the court on the final application of counsel to the Official Committee of Equity Security Holders for allowance of compensation. The Liquidating Trustee objected.
ABI Membership is required to access the full summary of In re Gadzooks Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
First Natl Bank v. Parr (In re Parr)
Jun
29
2006
Ruling
Balance of note owned by officer of debtor car dealership was dischargeable due to creditor's ongoing relationship with debtor and familiarity with financial conditions.
Procedural posture
Plaintiff creditor filed a complaint to determine that the remaining balance of defendant debtor's promissory note was nondischargeable, pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(2)(B) and (a)(4).
ABI Membership is required to access the full summary of First Natl Bank v. Parr (In re Parr) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Bufford
Jun
13
2006
Ruling
Court ordered plan be amended to apply Till interest rate so that plan provided required adequate protection.
Procedural posture
Creditor, whose purchase money debt was secured by a motor vehicle, amended its claim to include an interest rate of 17.9 percent as provided in its loan agreement with the debtor. Debtor's plan proposed a lesser rate of interest, and the court considered whether and how the adequate protection requirement in 11 U.S.C. § 1325(a)(5)(B)(iii), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") applied.
ABI Membership is required to access the full summary of In re Bufford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
County of Dallas v. Baldwin (In re Baldwin)
Feb
13
2006
Ruling
County's claim for payments to help defer the costs for placement of the debtors'adopted daughter with the county were deemed dischargeable since the support-like payments were not owed to a spouse, former spouse, or a child.
Procedural posture
Plaintiff county sued defendant debtors, seeking to except from discharge its claim based on a state court nunc pro tunc order to help defer the costs for placement of the debtors'adopted daughter with the county. The bankruptcy court held a trial.
ABI Membership is required to access the full summary of County of Dallas v. Baldwin (In re Baldwin) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Blair
Nov
21
2005
Ruling
Debtors'payments made during the 1,215 days prior to filing that increased their homestead's equity value did not create an interest in real property and thus were not subject to the statutory cap on electing a state homestead exemption.
Procedural posture
Debtors filed a voluntary chapter 7 petition and elected the Texas exemptions, including the generous homestead exemption. Movant unsecured creditor objected to the claim of exemption, arguing that the debtors were subject to the $125,000 cap on their homestead exemption provided in 11 U.S.C. § 522(p).
ABI Membership is required to access the full summary of In re Blair Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cadle Co. v. Preston-Guenther (In re Guenther)
Aug
29
2005
Ruling
Debtors were denied discharge where they did not dispute that they had made false oaths that were material.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant Chapter 7 debtors, seeking the denial of a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4).
ABI Membership is required to access the full summary of Cadle Co. v. Preston-Guenther (In re Guenther) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re MAEDC Mesa Ridge
Jul
21
2005
Ruling
Involuntary petition was dismissed since a nonprofit debtor's participation in commercial activity did not make it a moneyed, business, or commercial corporation.
Procedural posture
Debtor, a community housing development organization ("CHDO"), brought a motion for summary judgment in regards to an involuntary bankruptcy petition under 11 U.S.C. § 303(a) brought by the petitioning creditors against debtor.
ABI Membership is required to access the full summary of In re MAEDC Mesa Ridge Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
JP Morgan Chase Bank v. Hobbs (In re Hobbs)
Jul
19
2005
Ruling
Debtor's discharge was denied based on a failure to maintain and preserve adequate records.
Procedural posture
Plaintiff creditor filed a complaint to deny defendant chapter 7 debtor a discharge based on the debtor's loss of business records, 11 U.S.C. § 727(a)(2)(A), the debtor's failure to maintain and preserve adequate records, 11 U.S.C. § 727(a)(3).
ABI Membership is required to access the full summary of JP Morgan Chase Bank v. Hobbs (In re Hobbs) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: