- 11 U.S.C.
Lowe v. Kaspar-Wells (In re Wells)
Feb
10
2011
Ruling
Transfer of debtor's interest in real property to trust for no value could be avoided.
Procedural posture
Plaintiff Chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 548(a)(1) to avoid and recover a constructively fraudulent transfer of an interest in real property.
ABI Membership is required to access the full summary of Lowe v. Kaspar-Wells (In re Wells) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Boulder Crossroads LLC
Dec
01
2010
Ruling
Law firm's claim for fees allowed as reasonable over debtor's objection.
Procedural posture
Chapter 11 debtor, a limited liability company that operated a shopping center, filed an objection under 11 U.S.C.S. § 502(b) to a claim submitted by creditor, a law firm that had provided services to the debtor.
ABI Membership is required to access the full summary of In re Boulder Crossroads LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
McCready v. Becker (In re Becker)
Aug
06
2010
Ruling
Section 521(e) provides creditor with means of obtaining debtor's financial information without compelling debtor to execute waivers.
Procedural posture
Plaintiff creditor brought an adversary action against defendant debtors. The court previously denied the creditor's motion to compel the debtors to execute waivers authorizing the Social Security Administration (SSA) and a state agency to release information concerning the monetary amounts received by the debtors from these agencies. The creditor filed a Fed. R. Civ. P. 60 Motion to Alter or Amend.
ABI Membership is required to access the full summary of McCready v. Becker (In re Becker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Schellenberg
May
07
2010
Ruling
Debtors could not switch from state to federal exemptions upon conversion from chapter 13 to chapter 7.
Procedural posture
Before the court was the Chapter 7 Trustee's Objection to Debtors' Amended Schedule C Property Claimed as Exempt and debtor's Response.
ABI Membership is required to access the full summary of In re Schellenberg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Introgen Therapeutics
Apr
29
2010
Ruling
Chapter 11 plan confirmed over objection of unsecured creditors.
Procedural posture
Bankruptcy debtors, a biopharmaceutical company and its management subsidiary, proposed a joint plan of liquidation which provided for substantive consolidation of the bankruptcy estates and establishment of a liquidating trust containing the assets of the debtors from which creditors would be paid. Unsecured creditors objected to confirmation of the debtors' plan.
ABI Membership is required to access the full summary of In re Introgen Therapeutics Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Irmakesselring v. Olivarez (In re Olivarez)
Mar
04
2010
Ruling
Judgment for fraud based on jury verdict for either misrepresentation or concealment was nondischargeable.
Procedural posture
A creditor, a former client of the debtor partner's law firm, filed an adversary complaint against the debtor seeking to have her judgment for fraud against another partner held nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as against the debtor, arguing that all partners were jointly and severally liable for the other partner's fraud regardless of their knowledge or culpability and that collateral estoppel applied to the judgment.
ABI Membership is required to access the full summary of Irmakesselring v. Olivarez (In re Olivarez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kesserling v. Doyal (In re Doyal)
Mar
04
2010
Ruling
Debtor lawyer was liable for nondischargeable judgement against law partner.
Procedural posture
A creditor, a former client of the debtor partner's law firm, filed an adversary complaint against the debtor seeking to have her judgment for fraud against another partner held nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as against the debtor, arguing that all partners were jointly and severally liable for the other partner's fraud regardless of their knowledge or culpability and that collateral estoppel applied to the judgment.
ABI Membership is required to access the full summary of Kesserling v. Doyal (In re Doyal) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ingalls v. SMTC Corp. (In re SMTC Mfg. of Tex.)
Sep
11
2009
Ruling
Trustee could not avoid allegedly fraudulent transfers after failing to prove fraud or alter ego theories.
Procedural posture
Plaintiff chapter 7 trustee, on behalf of the estate of the debtor, a computer component manufacturer, sought to avoid pursuant to 11 U.S.C.S. § 544(b) and the Texas Uniform Fraudulent Transfer Act (TUFTA), Tex. Bus. & Com. Code Ann. §§ 24.005(a)(1), (2) and 24.006(a), certain allegedly fraudulent transfers valued in excess of $ 80 million dollars. Additionally, the trustee requested relief based on corporate veil-piercing theories.
ABI Membership is required to access the full summary of Ingalls v. SMTC Corp. (In re SMTC Mfg. of Tex.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Longoria
Jan
14
2009
Ruling
Creditor sanctioned for failure to appear at motion for contempt.
Procedural posture
On November 18, 2008, came on for hearing the court's Order to Show Cause, ordering a secured creditor, which held a security interest in debtor's automobile, to appear and show cause why it failed to comply with the court's prior Order granting debtor's motion for turnover of property and motion for contempt and sanctions.
ABI Membership is required to access the full summary of In re Longoria Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Camp
Sep
25
2008
Ruling
Debtor who moved out of state less than 730 days before petition date could not claim federal exemption where state of prior residence opted out of federal scheme.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to exemptions the debtor claimed under 11 U.S.C.S. § 522(d).
ABI Membership is required to access the full summary of In re Camp Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: