- 11 U.S.C.
United States v. Mixon (In re Mixon)
May
13
2008
Ruling
Tax debt was nondischargeable due to debtor's willful evasion attempts.
Procedural posture
Plaintiff U.S. brought a complaint against defendant chapter 7 debtors, seeking a determination that the debtors were indebted to the Internal Revenue Service (IRS) for unpaid federal income taxes, to recover the debt from the debtors, along with interest, and a determination that the debt was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(1)(C) because the debtors had willfully attempted in any manner to evade or defeat such tax.
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Court
:
- 11 U.S.C.
In re Van Dermark
Feb
01
2008
Ruling
Claim entitled to priority as domestic support obligation despite assignment to debtor's former spouse from law firm.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 13. Before the court was debtor's objection to the claim of his ex-wife (the claimant).
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Court
:
- 11 U.S.C.
In re Trammell
Nov
09
2007
Ruling
Relief from stay not required for creditor to pursue remedies against vehicle that was not property of the estate.
Procedural posture
A bankruptcy debtor listed a vehicle as community property with the debtor's spouse, but a creditor secured by the vehicle asserted that the vehicle was the sole property of the spouse and was not property of the bankruptcy estate. The creditor moved for relief from the automatic bankruptcy stay to pursue state law remedies with regard to the vehicle.
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Court
:
- 11 U.S.C.
Neary v. Peres (In re Peres)
Sep
18
2007
Ruling
Discharge denied due to debtors'failure to disclose business interests and eminent domain award in schedules.
Procedural posture
Plaintiff, the United States trustee, brought an adversary complaint objecting to the discharge of debtors pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(3) and (a)(4). The debtors failed to disclose numerous prior business interests and a large cash eminent domain award they had received in their sworn financial statement of affairs and schedules.
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Court
:
In re Heritage Org. LLC
Aug
31
2007
Ruling
Motion for designation of votes of creditors who were party to settlement denied.
Procedural posture
The moving parties sought an order, pursuant to 11 U.S.C. §§ 1125(b) and 1126(e), designating and disallowing votes of client claimants on the ground that the votes were solicited prior to transmittal of a court-approved disclosure statement in violation of 11 U.S.C. § 1125(b).
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Court
:
- FRBP
In re Shults
Jul
11
2007
Ruling
Claim objection deadline does not recommence upon conversion from chapter 13 to chapter 7.
Procedural posture
A bankruptcy trustee filed an amended objection to some of the debtor's claimed exemptions. The objection sought to disallow, under 11 U.S.C. § 522(o) and (p), the homestead exemption claimed by the debtor for property owned by the debtor in Rockwell, Texas. The debtor claimed that the objection was untimely.
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Court
:
- 28 U.S.C.
Faulkner v. Berg (In re Heritage Org. LLC)
Dec
15
2006
Ruling
Dispute over promissory note in favor of debtor was related to debtor's bankruptcy and appropriate for determination by bankruptcy court.
Procedural posture
In an adversary proceeding brought by chapter 11 trustee, defendant filed a motion to withdraw reference pursuant to 28 U.S.C. § 157(d).
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Court
:
In re Teraforce Tech. Corp.
Aug
18
2006
Ruling
Attorneys'fees approved with reduction for reasonableness and inappropriate time entries.
Procedural posture
The law firm for the unsecured creditors' committee in a chapter 11 bankruptcy case applied for the allowance of compensation and reimbursement of expenses under 11 U.S.C. § 330(a). A secured creditor and the reorganized debtor were the objecting parties.
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Court
:
- 11 U.S.C.
In re Lara
Jun
28
2006
Ruling
Plan was not confirmed since debtors needed to reduce certain expense allowances.
Procedural posture
Chapter 13 bankruptcy debtors, a husband and wife, sought confirmation of their proposed chapter 13 plan of reorganization. The bankruptcy trustee objected to confirmation of the plan on the grounds that the plan failed to satisfy the disposable income test of 11 U.S.C. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
Hughes v. Wells (In re Wells)
Mar
08
2006
Ruling
Court ruled fees collected in advance by a debtor former attorney of the creditor for services that later did not need to be performed were dischargeable since the attorney debtor did not cause willful or malicious injury to the creditor.
Procedural posture
Plaintiffs, a prison inmate and his daughter as his attorney in fact, brought an adversary proceeding against defendant bankruptcy debtor, the inmate's former attorney, alleging that the attorney retained fees paid by the daughter which the attorney did not earn. The bankruptcy court conducted a trial concerning whether a debt existed and whether it was nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
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Court
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