- 11 U.S.C.
Robertson v. IRS (In re Robertson)
Sep
25
2006
Ruling
Debtor's liability as responsible person for trust fund taxes was nondischargeable.
Procedural posture
Plaintiff debtor, the primary limited partner of taxpayer, a limited partnership, challenged the claim of defendant IRS. At issue was a determination whether the debtor was a responsible person of the limited partnership for purposes of imposition of tax liability under 26 U.S.C. § 6672, and whether the taxes were nondischargeable under 11 U.S.C. §§ 507(a)(8) and 523(a)(1).
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Court
:
- 28 U.S.C.
Official Comm. of Unsecured Creditors of Schlotzskys Inc. v. Grant Thornton LLP (In re Schlotzskys Inc.)
Aug
30
2006
Ruling
Bankruptcy court declined to abstain from hearing state law aspects of preference proceeding.
Procedural posture
Defendant accounting firm moved to abstain pursuant to 28 U.S.C. § 1334(c)(2) or in the alternative to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012 in a preference action brought by the creditors'committee for chapter 11 debtor, which asserted claims of negligence, breach of contract, aiding and abetting breaches of fiduciary duties, negligent misrepresentation, and gross negligence.
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Court
:
- 11 U.S.C.
In re Diaz
Aug
28
2006
Ruling
Application for debtor's attorneys'fees denied in full due to filing of false schedules without adequately consulting clients or investigating veracity.
Procedural posture
Before the court was the "1st Chapter 13 Fee Application" filed by debtors'attorney.
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Court
:
In re Russell
Aug
26
2006
Ruling
Chapter 13 case dismissed as filed in bad faith after creditor's claim was held nondischargeable in chapter 7 case already pending in another jurisdiction.
Procedural posture
After the debtors filed a voluntary chapter 13 petition and an amended plan, a creditor objected to confirmation of the amended plan on the basis that the debtors had not filed the proceeding in good faith, the plan was not proposed in good faith pursuant to 11 U.S.C. § 1325(a)(3), that all of the debtors' projected disposable income would not be applied to make plan payments pursuant to 11 U.S.C. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In Landaverde
Aug
25
2006
Ruling
Emergency continuance of stay denied where second chapter 13 case was filed one day after dismissal of prior case without schedules or showing of change in circumstances.
Procedural posture
A chapter 13 debtor filed an emergency motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his second bankruptcy case.
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Court
:
In re Oliver
Aug
08
2006
Ruling
Case ordered dismissed or converted as debtor's serious medical and mental conditions did not rebut presumption of abuse.
Procedural posture
The United States Trustee brought a motion to dismiss debtor's chapter 13 case pursuant to 11 U.S.C. § 707(b)(1), (b)(2) and (b)(3). Debtor was an individual with primarily consumer debt, and the issue was whether the chapter 7 case, filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"), constituted an abusive filing.
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Court
:
- 11 U.S.C.
Smith v. Radoff (In re Smith)
Aug
08
2006
Ruling
Creditor's unsecured judgment was voided by entry of discharge and could not be basis for recovery of debtor's property.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, a judgment creditor, the creditor's successor in interest, the successor's attorney, the attorney's law firm, a receiver appointed by a state court, and others, after the receiver withdrew money from his bank account. The debtor, the receiver, and the law firm all filed summary judgment motions. The attorney and law firm also filed an emergency motion for a continuance.
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Court
:
In re Beach Dev. LP.
Jul
24
2006
Ruling
Creditor's objection to claims of limited partner's former spouse and limited partner's receiver overruled.
Procedural posture
Two creditors, an individual and a partnership, objected to the claims of the third and fourth creditors, the debtor's limited partner's ex-wife and the limited partner's receiver, and moved for summary judgment. The receiver objected to the claims of the individual and the partnership. The receiver sought summary judgment on his objections and sought dismissal of the partnership's objection to his claim.
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Court
:
- 28 U.S.C.
Markus v. Fried (In re Geneva Steel LLC)
Apr
17
2006
Ruling
Trustee's claim against directors for breaches of fiduciary duties were deemed to be core proceedings since the directors had filed proofs of claim against the estate.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against, among others, defendant directors of corporate bankruptcy debtors, alleging that the directors breached fiduciary duties, and the directors counterclaimed for indemnification and compensation for services. The directors moved for a determination that the trustee's claims against the directors were non-core matters under 28 U.S.C. § 157.
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Court
:
- 11 U.S.C.
Bennett & Fairshter LLP v. Stinky Love Inc. (In re Lacy)
Jan
06
2006
Ruling
Order disallowing attorneys' fees was affirmed since the law firm's postpetition, preconfirmation employment had not been authorized.
Procedural posture
Appellant law firm challenged an order and judgment from the bankruptcy court, which granted a motion by appellee creditor to implement the debtor's confirmed plan of reorganization, pursuant to 11 U.S.C. § 1142, disallowed the law firm's claim for attorneys'fees for postpetition, preconfirmation employment by the debtor.
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