- 11 U.S.C.
Ebner v. Woodforest Partners LP (In re EBCO Land Dev. Ltd.)
Apr
17
2008
Ruling
Bankruptcy court had authority to sell property free and clear of gas line easement.
Procedural posture
Plaintiff, the postpetition purchaser of certain real property from the chapter 11 estate, brought an adversary proceeding against defendant creditor, which held a gas line easement across the real property and had a contract with the debtor to provide gas service to residences on the property. The creditor moved to dismiss the complaint, and counterclaimed against the purchaser, which moved to dismiss the counterclaim.
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Court
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- 11 U.S.C.
Havis v. AIG SunAmerica Life Assurance Co. (In re Bossart)
Dec
21
2007
Ruling
Purchase of annuity with substantially all non-exempt assets and subsequently claimed as exempt was intended to defraud creditors and was avoidable.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant issuer of an annuity to intervenor bankruptcy debtors, alleging that the debtors'transfers of funds to the issuer to purchase the annuity on the eve of their bankruptcy was avoidable as actually and constructively fraudulent under 11 U.S.C. § 548. The bankruptcy court conducted a trial.
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Court
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Smith v. McCombs (In re McCombs)
Dec
17
2007
Ruling
Proceeds of sale of marital homestead was not exempt where partition between debtor and non-debtor spouse was unenforceable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, chapter 7 trustee and the debtor's estranged wife, among others. The dispute centered around the proceeds from the sale of the debtor's home. The creditor claimed a prepetition judgment lien. The trustee claimed that the home became part of the estate. The wife claimed that the home was partitioned into her separate property. The creditor and trustee moved for summary judgment.
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In re B&A Dev. Group LP
Nov
05
2007
Ruling
Employee with undisputed, priority, unsecured claim could not be reclassified as contractor with general unsecured claim.
Procedural posture
Limited partners of the chapter 11 debtor filed an objection to the scheduled claim of a creditor, debtor's former director of marketing. Her claim was listed on Schedule E by debtor as an undisputed priority unsecured claim in the amount of $8,995 for wages, salaries and commissions. She objected to the reclassification of her claim.
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Court
:
- 11 U.S.C.
In re Brown
Oct
16
2007
Ruling
Debtors could not claim vehicle ownership expense for vehicle owned free and clear and resulting adjusted income required dismissal.
Procedural posture
The United States trustee moved to dismiss the debtors'chapter 7 petition, pursuant to 11 U.S.C. § 707(b)(2), arguing that the presumption of abuse arose and that the debtors were not allowed to claim a vehicle ownership expense under the Local Standards issued by the IRS, where they presently had no actual vehicle payment for their paid-off vehicles.
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Court
:
- 11 U.S.C.
In re Presto
Oct
05
2007
Ruling
Objection to homestead exemption granted to the extent representing nonexempt proceeds of sale of homestead invested in improvements of less expensive homestead property.
Procedural posture
A committee objected, pursuant to 11 U.S.C. § 522(q), (o) and (p), to a chapter 7 debtor's claim of a homestead exemption in his current residence.
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Court
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In re Sissom
May
11
2007
Ruling
Trustee granted equitable lien for $50,000 of non-exempt stock proceeds used to purchase otherwise exempt homestead.
Procedural posture
Chapter 7 trustee, pursuant to 11 U.S.C. § 522(o), objected to the debtor's homestead exemption, alleging that the debtor improperly used nonexempt cash of $61,541 to help purchase the real property that he claimed as his homestead and to purchase personal property that he claimed exempt.
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Court
:
- 11 U.S.C.
In re Nowlin
Apr
11
2007
Ruling
Monthly income applied to 401(k) loan was required to be applied to chapter 13 plan upon satisfaction of the loan.
Procedural posture
Debtor filed a proposed chapter 13 plan which would last 60 months. The chapter 13 trustee opposed confirmation.
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Court
:
- 11 U.S.C.
In re Cochener
Feb
09
2007
Ruling
Attorney sanctioned for false filings, failure to attend creditors' meeting and advice to debtor not to attend creditors' meeting or produce documents.
Procedural posture
Chapter 7 trustee filed a motion for sanctions against debtor, debtor's attorney, and debtor's son.
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Court
:
- 11 U.S.C.
In re Ortiz
Oct
13
2006
Ruling
Debtor attorney who failed to comply with contempt order assessed additional sanctions.
Procedural posture
A debtor was ordered to appear and show cause why he should not have been sanctioned and held in civil contempt for failing to comply with the court's order, which required him to pay sanctions, dismissed his chapter 7 case, and barred future filings. The United States Trustee filed a certificate of non-compliance/non-payment reflecting that the debtor failed to comply with the sanctions order.
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Court
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