Northern District

Tusa-Expo Holdings Inc. v. Knoll Inc.

Ruling: 
Preference period payments on prepetition invoices were not avoidable but prepetition receivables were avoidable as impermissible setoffs.
ABI Membership is required to access the full summary of Tusa-Expo Holdings Inc. v. Knoll Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 05,2013, LexisNexis #0813-128

De Boer v. Talsma (In re Talsma)

Ruling: 
Former spouse's vote in favor of plan did not affect nondischargeability of domestic support obligation.
ABI Membership is required to access the full summary of De Boer v. Talsma (In re Talsma). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 05,2013, LexisNexis #0913-028

In re Williford

The debtor filed a motion to extend the automatic stay, and the creditor filed a motion to confirm termination of the stay as to certain real property. The court denied the debtor's motion to the extent that it requested a retroactive reinstatement of the automatic stay, but it took under advisement the issue of whether the operation of 11 U.S.C.S. § 362(c)(3) terminated the entire automatic stay.
Ruling: 
Stay terminated in debtor's second case as to debtor and debtor's property but not as to property of the estate.
ABI Membership is required to access the full summary of In re Williford. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-007

Neary v. Streckmann (In re Streckmann)

Ruling: 
Discharge denied due to numerous omissions and misstatements in schedules.
ABI Membership is required to access the full summary of Neary v. Streckmann (In re Streckmann). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 12,2013, LexisNexis #0813-063

Neary v. Alexis (In re Alexis)

Chapter 7 trustee filed a complaint against debtors, seeking to deny the debtors' discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B).
Ruling: 
Discharge denied due to intentional failure to disclose assets.
ABI Membership is required to access the full summary of Neary v. Alexis (In re Alexis). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 09,2013, LexisNexis #0813-025

Aigner v. McMillan (In re McMillan)

Petitioner filed an involuntary petition for relief under chapter 7 against the alleged debtor (the debtor) pursuant to 11 U.S.C.S. § 303. The debtor filed a counterclaim against petitioner pursuant to 11 U.S.C.S. § 303(i).
Ruling: 
Involuntary case dismissed where primary petitioning creditor was not qualified to seek relief.
ABI Membership is required to access the full summary of Aigner v. McMillan (In re McMillan). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 04,2013, LexisNexis #0613-109

In re Williams

Pro se claimant brought an adversary proceeding against bankruptcy debtor seeking a determination that a potential debt to the claimant was nondischargeable based on the debtor's willful and malicious injury to the claimant and the debtor's fraud. The claimant, who was incarcerated, moved for appointment of counsel to represent the claimant pursuant to 28 U.S.C.S. § 1915.
Ruling: 
Appointment of counsel for incarcerated debtor denied.
ABI Membership is required to access the full summary of In re Williams. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 19,2013, LexisNexis #0513-097

Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.)

Plaintiff sellers of businesses to a bankruptcy debtor brought an adversary proceeding against defendant holders of new notes issued by the debtor, seeking a determination that the sellers' notes issued by the debtor had priority over the holders' notes based on equitable subordination of the holders' notes to the sellers' notes or recharacterization of the holders' notes as equity rather than debt.
Ruling: 
Notes issued by debtor formed to operate seller's business were not subject to equitable subordination in favor of notes issued to seller.
ABI Membership is required to access the full summary of Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 12,2013, LexisNexis #0513-010

OChesky v. Templeton (In re American Hous. Found.)

Trustee filed an adversary complaint against lawyer to avoid $4.746 million in claims asserted by defendant on account of transfer to or for the benefit of debtor that defendant claimed to have been loans that had been guaranteed by debtor. Plaintiff therein asserted, inter alia, that all such guaranties were fraudulent and that any allowed claims were properly subordinated per 11 U.S.C.S. § 510.
Ruling: 
Transfers to debtor by lawyer were not loans but preferential, avoidable equity investments.
ABI Membership is required to access the full summary of OChesky v. Templeton (In re American Hous. Found.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 30,2013, LexisNexis #0513-043

Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.)

This adversary proceeding involved a dispute within a chapter 7 bankruptcy case between two different, sophisticated creditor groups wherein one creditor group (plaintiffs) sought to have the claims of the other creditor group (defendants) either equitably subordinated to the plaintiffs' claims under 11 U.S.C.S. § 510(b) or (c), or recharacterized as equity.
Ruling: 
Motion by creditor group to have claims of second creditor group subordinated or recharacterized as equity denied.
ABI Membership is required to access the full summary of Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 29,2013, LexisNexis #0613-014

Pages

Subscribe to Northern District