Alleman v. Kitson (In re Kitson)
May
08
2008
Ruling
Bankruptcy court did not err is failing to shift burden of proof to debtor in dischargeability proceeding where creditor's evidence was not credible.
Procedural posture
Plaintiff creditors appealed from an order of the Bankruptcy Court for the Central District of Illinois, that granted judgment in favor of defendant debtor in adversary proceedings seeking to deny the debtor a discharge in bankruptcy under 11 U.S.C.S. § 727(a) and to have his debts to the creditors declared to be nondischargeable, under 11 U.S.C.S. § 523(a).
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Court
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Spradlin v. Breeding (In re Breeding)
May
02
2008
Ruling
Postpetition proceeds of personal injury settlement were property of the estate and portion transferred to debtor's former spouse was subject to turnover order.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant ex-wife under 11 U.S.C.S. § 542(a) for turnover to the debtor's bankruptcy estate of the post-petition settlement of a personal injury claim that was transferred from a joint checking account to the ex-wife. The ex-wife filed a third-party complaint against third-party defendant debtor for the amount of the transferred funds.
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Court
:
- 11 U.S.C.
Stark v. Moran (In re Moran)
Apr
18
2008
Ruling
Settlement of debtor's stock claim and abandonment of stock nunc pro tunc to petition date properly approved as for compromise that paid creditors in full.
Procedural posture
Appellant majority shareholder sought review of an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division, at Cleveland, which granted the trustee's motion to settle an estate's claim to a corporation's minority stock by payment from appellee debtor for less than the amount that the shareholder offered to pay and to abandon the stock nunc pro tunc to the petition filing date, pursuant to 11 U.S.C.S. § 554.
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Court
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Judge or Jurisdiction information not available
Olson v. Anderson (In re Anderson)
Nov
07
2007
Ruling
Trustee could not sell debtor's half interest in hunting cabin claimed as exempt with no objections to the exemption.
Procedural posture
Appellant, the trustee in bankruptcy, sought review of an order of the Bankruptcy Court for the Western District of Michigan that disapproved a settlement agreement as to certain real property between the trustee and the debtors upon the court's conclusion that the debtors'unchallenged exemption of the property removed it, in its entirety, from the bankruptcy estate, invalidating the settlement.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Wallace
Nov
05
2007
Ruling
Bad faith dismissal not warranted where debtors who lived lavish lifestyle absent concealment or intentional avoidance of single large debt.
Procedural posture
The U.S. Trustee sought a dismissal of the debtors' chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(b)(3) on the ground that it would be an abuse of the Bankruptcy Code to allow the debtors to remain in chapter 7 and to grant them a discharge.
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Court
:
- 11 U.S.C.
Saint Torrance v. Cincinnati Gas & Elec. Co. (In re Saint Torrance)
Sep
26
2007
Ruling
Creditor's efforts to collect postpetition debt did not violate discharge injunction.
Procedural posture
Appellant debtor had filed for relief under chapter 7. The debtor sought review of a decision of the Bankruptcy Court for the Southern District of Ohio, which dismissed the debtor's complaint for damages and injunctive relief against defendant utility company.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bishop
Sep
17
2007
Ruling
Debtors ordered to amend schedules to reflect actual tax liability rather than pre-exemption withholding.
Procedural posture
Debtors filed for relief under chapter 7. A chapter 7 trustee filed a motion to dismiss for abuse, pursuant to 11 U.S.C. § 707(b)(2), alternatively, because the debtors' income exceeded the maximum allowed and that the presumption of abuse arose.
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Court
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In re Ragle
Mar
23
2007
Ruling
Presumption of abuse rebutted as unclaimed deduction for vehicle owned free and clear would leave debtors with no monthly disposable income.
Procedural posture
The debtors filed for relief under chapter 7. The trustee filed a motion for dismissal of the debtors'petition, pursuant to 11 U.S.C. § 707(b)(2). The chapter 7 debtors opposed the trustee's motion.
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Court
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Illinois Dept. of Rev. v. Ayre (In re Ayre)
Jan
16
2007
Ruling
State tax claim was settled through confirmation process when revenue department did not object to reduced payment.
Procedural posture
In appellee debtors'chapter 13 proceeding, the bankruptcy court confirmed the debtors'plan and sustained an objection by appellee chapter 13 trustee to proofs of claim filed by appellant, the Illinois Department of Revenue. The Department appealed.
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Court
:
- FRBP
LeMons v. Sven (In re Sven)
Dec
13
2006
Ruling
Deadline for filing dischargeability proceeding was not equitably tolled against debtor who convicted of child pornography charges where creditor had notice but filed to file timely complaint.
Procedural posture
Appellant creditor sought review of a decision from the bankruptcy court, which denied her motion to vacate a discharge order and to extend the time to file a complaint to determine the dischargeability of her claim in debtor's chapter 7 bankruptcy.
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Court
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