Northern District

In re Brook Mays Music Co.

A statutory trustee appointed in a debtor's chapter 7 case presented a preliminary report to the court regarding his analysis of the potential chapter 5 causes of action and his assessment of other administrative tasks that might be needed to complete the case.
Ruling: 
Trustee ordered to serve demand letters on alleged preferential transferees prior to bringing preference proceedings.
ABI Membership is required to access the full summary of In re Brook Mays Music Co.. 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 01,2007, LexisNexis #1007-045

Graham v. Wood (In re Wood)

Plaintiff investors filed an adversary proceeding against defendant debtor, objecting to discharge pursuant to 11 U.S.C. § 523(a)(2) and (4). After a trial, the court held a hearing and issued findings of facts and conclusions of law.
Ruling: 
Debt owed to real estate investors was nondischargeable on grounds of embezzlement and false representations.
ABI Membership is required to access the full summary of Graham v. Wood (In re Wood). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Loe Warren Rosenfeld Katcher Hibbs & Windsor PC v. Brooks (In re Brooks)

Defendant chapter 7 debtor filed a motion to dismiss plaintiff judgment creditor's complaint, which sought a determination that debt owed the creditor by the debtor was non- dischargeable under 11 U.S.C. § 523(a)(5) or (a)(15).
Ruling: 
Judgment against debtor for fees incurred by attorney for debtor's spouse in divorce case was dischargeable.
ABI Membership is required to access the full summary of Loe Warren Rosenfeld Katcher Hibbs & Windsor PC v. Brooks (In re Brooks). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Wool Growers Cent. Storage Co.

A corporate bankruptcy debtor's chapter 11 reorganization plan provided that, in exchange for a contribution of funds by the debtor's directors, claims of creditors against the directors, both individually and as board members, were released. Certain unsecured creditors objected to confirmation of the plan on the ground that the release was improper.
Ruling: 
Plan confirmation denied due to non-consnsual release of debtor's directors from liablity to creditors in exchange for contributions.
ABI Membership is required to access the full summary of In re Wool Growers Cent. Storage Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Shults

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.
Ruling: 
Claim objection deadline does not recommence upon conversion from chapter 13 to chapter 7.
ABI Membership is required to access the full summary of In re Shults. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lundquist

Chapter 13 debtors filed a motion to continue the automatic stay, 11 U.S.C. § 362, after a creditor effected a non-judicial foreclosure of the debtors'property.
Ruling: 
Motion to vacate dismissal did not extend pendency of case into one-year period so as to prevent stay in later case.
ABI Membership is required to access the full summary of In re Lundquist. 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 11,2007, LexisNexis #1007-041

Brown v. Kaba (In re Kaba)

Two months before filing for chapter 7 relief, debtors transferred the bulk of the proceeds from the sale of their homestead to defendant son in payment of an antecedent debt. They claimed an exemption for the amount of the payment under 11 U.S.C. § 522(d)(5), but plaintiff trustee objected and commenced an adversary proceeding to recover the payment as a preference.
Ruling: 
Debtors could not claim exemption in proceeds from sale of homestead transferred to son prior to petition date.
ABI Membership is required to access the full summary of Brown v. Kaba (In re Kaba). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Marble

Debtors filed a petition under chapter 11. An attorney they hired to represent them filed a motion to approve his employment and the employment of his law firm, and the trustee in bankruptcy filed an objection to the motion, suggesting that the attorney and his law firm had a conflict of interest and did not satisfy the requirements of 11 U.S.C. § 327(a).
Ruling: 
Attorney who was trustee of spendthrift trust of which debtor was beneficiary was not disqualified from representing debtor.
ABI Membership is required to access the full summary of In re Marble. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Cadle Co. v. Moore (In re Moore)

Pending decision following trial was plaintiff judgment creditor's objection to the granting of defendant debtor's global discharge: (1) pursuant to 11 U.S.C. § 727(a)(3), on the grounds that debtor, without adequate justification, concealed or otherwise failed to keep, record, or preserve records from which his financial condition or business transactions might be ascertained; (2) pursuant to section 727(a)(4); and (3) pursuant to section 727(a)(5).
Ruling: 
Discharge denied due to debtor's numerous omissions and false statements.
ABI Membership is required to access the full summary of Cadle Co. v. Moore (In re Moore). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Specialty Rest. Group LLC

A debtor filed an application, pursuant to 11 U.S.C. §§ 327 and 329 and Fed. R. Bankr. P. 2014 and 2016, to authorize the employment and retention of a law firm as its postpetition counsel nunc pro tunc to the date of the bankruptcy petition. A creditors'committee objected that the firm was not disinterested and represented an adverse interest to the bankruptcy estate.
Ruling: 
Employment of postpetition counsel approved over objection by creditors' committee to quality of representation of debtor during case.
ABI Membership is required to access the full summary of In re Specialty Rest. Group LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Northern District