- 11 U.S.C.
In re Ashby
Jan
23
2013
Ruling
Plan could not be confirmed due to failure to pay consulting fee owed to former spouse.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to the debtor's plan and asked the court for relief under 11 U.S.C.S. § 362 so she could enforce a property settlement agreement ("PSA") she entered with the debtor when they were divorced in 2009. The court held a hearing on the ex- wife's objection and request for relief.
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Court
:
- 11 U.S.C.
In re Schwartz
Oct
17
2012
Ruling
Debtor's legal malpractice claim was sufficiently rooted in prepetition period to be treated as property of the estate.
Procedural posture
Debtor sought an order abandoning his claim relating to a 2010 retainer agreement and affidavit claimed to have been forged and asserting malpractice and fraud claims against, inter alia, a lawyer who had represented him in a chapter 7 case. The chapter 7 trustee, while not opposing the motion if in fact the claim was not property of the estate per 11 U.S.C.S. § 541, argued that the claim in fact was property of the estate.
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Court
:
- FRBP
In re Schwartz
Oct
17
2012
Ruling
Trustee's settlement of debtor's complex legal malpractice claim for which creditors had been waiting approved over debtor's objection.
Procedural posture
The chapter 7 trustee asked the court to approve a proposed settlement of the estate's claims against defendants, lawyers and law firms, on account of debtor's assertion that one or more of them had committed malpractice in connection with debtor's representation earlier in the case. Debtor opposed the settlement. At issue was whether the agreement was properly approved under Fed. R. Bankr. P. 9019.
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Court
:
- 28 U.S.C.
Apperson v. Old Fort Banking Co. (In re Batt)
Oct
05
2012
Ruling
Venue of adversary proceeding transferred to district where debtor, creditors and witnesses resided and local law controlled for convenience of parties.
Procedural posture
Chapter 11 trustee filed a complaint against defendant creditors seeking, inter alia, to recover alleged preferences, fraudulently conveyed property, and post-petition transfers. The creditors each filed a motion to transfer venue from the Western District of Kentucky to the Northern District of Ohio pursuant to 28 U.S.C.S. § 1412 and Fed. R. Bankr. P. 7087. The trustee opposed the motions.
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Court
:
- 11 U.S.C.
Savage v. Murphy (In re Murphy)
Jun
05
2012
Ruling
Judgment for assault based on debtor's hiring of others to harm creditor was nondischargeable.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a judgment debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Kaplan
Mar
26
2012
Ruling
Debtor not entitled to exemption in farm property he could not establish was his residence.
Procedural posture
A debtor owned a residential property and a farm property, and the debtor claimed the farm property as exempt under 11 U.S.C.S. § 522(d)(1) as the debtor's residence. A creditor secured by the farm property objected to the exemption.
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Court
:
- 11 U.S.C.
In re Gordon
Mar
21
2012
Ruling
Incarcerated debtor's case dismissed due to failure to complete credit counseling and inability to attend hearings.
Procedural posture
This case came before the court for a hearing on the motion to dismiss case, and the amended motion to dismiss case, both filed by the trustee, and the expedited motion for debtor to appear for chapter 11 hearings other than in person, filed by debtor.
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Court
:
- 11 U.S.C.
In re MRDUCS LLC
Jan
19
2012
Ruling
Debtor's application to retain law firm nunc pro tunc and providing for monthly payments approved.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business as a debtor-in-possession. The debtor filed an application pursuant to 11 U.S.C.S. §§ 327 and 1107 for permission to employ a law firm nunc pro tunc to provide legal services while the debtor reorganized it business, and the United States Trustee ("UST") objected to some of the proposed terms of retention.
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Court
:
- 11 U.S.C.
In re Hettinger
Dec
09
2011
Ruling
Judicial lien avoided only to extent impairing exemption.
Procedural posture
A chapter 7 debtor filed a motion to avoid a judgment lien held by a creditor on real property pursuant to 11 U.S.C.S. § 522(f)(1) on the basis that the judicial lien impaired the debtor's homestead exemption. At issue was the value of the property.
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Court
: