Feb
05
2008
In re Entire Supply Inc.
Petitioner, as president for a chapter 11 debtor corporation, sought turnover of all remaining unclaimed funds currently held in the court registry pursuant to 28 U.S.C.S. § 2042 and 11 U.S.C.S. § 347(b) after the trustee completed the liquidation of the debtor's assets and distributed the proceeds.
Ruling:
Bankruptcy court refused to turn over unclaimed funds held in court registry to debtor's president.
ABI Membership is required to access the full summary of In re Entire Supply 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 February 05,2008, LexisNexis #0308-097
Oct
30
2007
In re Townsend
A debtor filed for relief under chapter 7. A United States Trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 707(b)(2), claiming that the debtor did not pass the means test and that a presumption of abuse existed.
Ruling:
Debtor could deduct amounts payable on mortgages secured by property intended for surrender.
ABI Membership is required to access the full summary of In re Townsend. 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 October 30,2007, LexisNexis #1207-051
May
22
2007
Messina v. Monaco (In re Monaco)
Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a money judgmenta determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) or (a)(4).
Ruling:
Investment in debtor's business paid by creditor's domestic partner was a gift to creditor who held a nondischargeable claim against debtor due to misrepresentation.
ABI Membership is required to access the full summary of Messina v. Monaco (In re Monaco). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Apr
02
2007
In re Zayas
Debtors filed for relief under chapter 7. The chapter 7 trustee filed a motion to dismiss the case for abuse under 11 U.S.C. § 707(b)(3)(B). After a hearing, the court issued findings of fact and conclusions of law.
Ruling:
Chapter 7 case dismissed for substantial abuse where debtors'had income above median and were capable of filing chapter 13 plan.
ABI Membership is required to access the full summary of In re Zayas. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Nov
07
2006
Sicherman v. Skiljan (In re Skiljan)
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor, seeking to revoke the debtor's previously granted discharge pursuant to 11 U.S.C. § 727(a)(6)(A) and (d)(3), based on the debtor's failure to comply with the court's order to turn over funds to the trustee. The trustee moved for summary judgment, and the debtor did not respond.
Ruling:
Discharge revoked due to debtor's failure to turn over funds to trustee.
ABI Membership is required to access the full summary of Sicherman v. Skiljan (In re Skiljan). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Sep
26
2006
Mlincek v. United States (In re Mlincek)
Defendant United States filed a motion to dismiss the adversary proceeding brought under 11 U.S.C. § 523(a)(1) because plaintiff debtor's complaint did not present a justiciable case or controversy.
Ruling:
Debtor's proceeding to determine dischargeability of tax debt dismissed where IRS intended to abate the debt upon entry of discharge.
ABI Membership is required to access the full summary of Mlincek v. United States (In re Mlincek). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Sep
26
2006
In re Thompson
The United States Trustee filed a motion to dismiss debtors' chapter 7 bankruptcy for abuse under 11 U.S.C. § 707(b)(1). At issue was whether payments on the debtor husband's 401(k) loan could be used to reduce debtors'current monthly income.
Ruling:
Payments on 401(k) loan were on account of secured debt and did not constitute abuse.
ABI Membership is required to access the full summary of In re Thompson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Pages
