- 11 U.S.C.
In re Jones
Aug
03
2015
Ruling
Till rate of interest was appropriate in cramdown.
Issue(s)
What was the appropriate rate of interest on cramdown of mortgage loan on debtors'manufactured home?
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Court
:
- 11 U.S.C.
In re Manalapan Mining Co.
Jun
19
2015
Ruling
Trustee's proposed assignment of mining lease free and clear approved.
Issue(s)
Should trustee's motions for approval of assignments of mining leases be granted?
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Court
:
- 11 U.S.C.
In re Haffey
Jun
05
2015
Ruling
Chapter 12 case dismissed due to debtor's failure to propose an amended plan or cooperate with the U.S. Trustee regarding deposition.
Issue(s)
Should chapter 12 case be dismissed based on debtor's inability to present a timely confirmable plan, a clear record of unreasonable and prejudicial delay, and a continuing loss to the estate without a reasonable likelihood of rehabilitation?
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Court
:
- FRBP
In re Equine Oxygen Therapy Res. Inc.
Mar
20
2015
Ruling
Settlement with debtor's liability insurance carrier concerning coverage of personal injury and wrongful death claims against debtor approved as fair and equitable.
Issue(s)
Should settlement of debtor's claims against insurer regarding insurance coverage of wrongful death and personal injury claims resulting from defective hyperbaric chambers it manufactured and sole be approved?
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Court
:
Rogan v. JPMorgan Chase Bank (In re Engle)
Jan
14
2015
Ruling
Trustee could not avoid mortgages due to constructive notice.
Issue(s)
Could trustee avoid mortgages executed by an attorney-in-fact pursuant to his 11 U.S.C. § 544(a) strong-arm powers?
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Court
:
- 11 U.S.C.
Crocker v. Stiff (In re Stiff)
Oct
03
2014
Ruling
Failures to keep records for ordinary living expenses or 40-interest syndicate for stallion were not grounds for denial of discharge.
Issue(s)
Should discharge be denied to debtor who failed to keep adequate records that would help assess his financial condition and explain the disposition of two loans, cash withdrawals over a seven-year period, funds which the debtor solicited from investors to purchase horses and interests in horses, and shares in a syndicated stallion?
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Court
:
- 11 U.S.C.
Spradlin v. Beads & Steeds Inns LLC (In re Howland)
Aug
22
2014
Ruling
Trustee could not prevail on fraudulent transfer claim using "reverse veil piercing theory."
Issue(s)
Whether the trustee could prove that the debtors made an avoidable transfer of their interest in property by utilizing a "reverse veil piercing" theory that would allow the trustee to treat the debtors and their wholly owned limited liability company as the same?
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Court
:
- 11 U.S.C.
Lyon v. Coates (In re Coates)
Jun
13
2014
Ruling
Discharge denied due to debtor's failure to disclose assets which he used for his own benefit.
Issue(s)
Should debtors' discharge be denied due to their knowingly and fraudulently failing to disclose an asset of the estate and the subsequent use of that asset or was the failure an honest mistake caused by debtors' lack of financial education and exacerbated by the actions of counsel?
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Court
:
- 11 U.S.C.
Higgason v. Stanley (In re Earnest)
Feb
18
2014
Ruling
Summary judgment granted in favor of debtor and sister in avoidance proceeding as debtor's granting of mortgage to sister was for reasonably equivalent value.
Issue(s)
Was mortgage granted by debtor to sister in exchange for funding for mechanism that would separate oil from water in oil spills avoidable as fraudulent?
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Court
:
- 11 U.S.C.
Fisher v. Anderson (In re Anderson)
Jan
10
2014
Ruling
Collateral estoppel applied to default fraud judgment, which was nondischargeable, where debtor had considerable participation in the case.
Issue(s)
Did collateral estoppels apply to establish nondischargeability of state court judgment obtained against debtor by default.
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Court
: