- 11 U.S.C.
GMAC v. Cline (In re Cline)
Jan
06
2010
Ruling
Nondischargeability of debt based on debtor's embezzlement affirmed.
Procedural posture
Debtor who was the principal of an automobile dealership transferred numerous automobiles but did not deliver the proceeds of sale to appellee creditor which was secured by the automobiles. The debtor appealed the judgment of the U.S. Bankruptcy Court for the Northern District of Ohio that the debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's embezzlement.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Turner
Dec
21
2009
Ruling
Whether a tax claim in a chapter 13 case is prepetition or postpetition is determined by due date.
Procedural posture
A debtor filed a voluntary chapter 13 petition. After confirmation, the debtor filed a priority claim on behalf of the State of Michigan Department of Treasury (Treasury) for his 2008 tax obligation. The Treasury objected to the claim, contending that the 2008 tax obligation was a postpetition liability pursuant to 11 U.S.C.S. § 1305 and that the claim should be disallowed as a prepetition claim.
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Court
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- 11 U.S.C.
In re Finley
Jul
21
2009
Ruling
Debtor could not surrender real property that was not primary residence in full satisfaction of mortgage debt.
Procedural posture
A mortgagee objected to the debtors' chapter 13 plan that proposed to surrender the real property that was not the debtor's principal residence in full satisfaction of the mortgagee's claim.
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Court
:
- 11 U.S.C.
Montedonico v. Beckham (In re Beckham)
Jun
19
2009
Ruling
Denial of discharge upheld based on debtor's concealment of interest in tractor and subsequent postpetition sale.
Procedural posture
In an order granting plaintiff trustee's motion for partial summary judgment, the bankruptcy court for the Western District of Tennessee denied defendant debtor a discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(A) and (B) and 727(a)(4)(A) for fraudulently concealing her own property and property of the estate and for knowingly and fraudulently making false oaths in connection with her bankruptcy case. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Slone v. Dirks (In re Dirks)
Jan
16
2009
Ruling
Bankruptcy court properly held that debtor's transfer of marital residence to non-debtor former spouse was not preferential or fraudulent.
Procedural posture
Plaintiff appealed from an order of the bankruptcy court for the Southern District of Ohio, that granted judgment in favor of defendant, the debtor's former husband, on the trustee's preferential and fraudulent conveyance claims brought under 11 U.S.C.S. §§ 544, 547, 548 and 550, and the Ohio Uniform Fraudulent Transfer Act, Ohio Rev. Code Ann. § 1336.01 et seq.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bender
Sep
05
2007
Ruling
Case ordered converted or dismissed where debtors could fund plan with reductions in charitable contributions and 401(k) loan payments.
Procedural posture
The matter was before the court on the trustee's motion to dismiss debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(3).
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Court
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In re Iwasko
Oct
04
2006
Ruling
Debtor allowed to amend Schedule C to elect state rather than federal exemption scheme absent bad faith or concealment.
Procedural posture
On Schedule C, debtor elected exemptions under 11 U.S.C. § 522(b)(1), the federal exemption scheme. At a hearing on cross motions for summary judgment, the trustee argued the exemption for entireties property provided in section 522(b)(2)(B) under the state exemption scheme did not appear in the federal exemption scheme. The next day, debtor filed an amended Schedule C, electing the state exemptions per section 522(b)(2)(B). The trustee filed an objection.
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Court
:
- 11 U.S.C.
Wells v. TCF Natl Bank (In re Hi Tech Fleet Serv.)
Mar
09
2006
Ruling
Court dismissed the trustee's complaint alleging avoidable transfers and demanding turnover since no provision in either the Code or case law allowed a chapter 7 trustee to bring an action challenging an asset sale consummated pursuant to court order in a chapter 11 proceeding.
Procedural posture
The matter came before the court on plaintiff chapter 7 trustee's motion for summary judgment. The trustee requested summary judgment on a two-count complaint seeking: (1) a determination of the amount, validity, and extent of defendant creditor's claim, and (2) avoidance of an allegedly unauthorized postpetition transfer of funds to the creditor.
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Court
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Jin Lim v. Chase Home Fin. LLC (In re Comps)
Dec
08
2005
Ruling
Mortgage was not a preferential transfer since the mortgage was perfected within 10 days of the transfer and thus was not a transfer on account of an antecedent debt.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant creditor, seeking to set aside a mortgage as a preferential transfer under 11 U.S.C. § 547(b), seeking to disallow the creditor's claim under 11 U.S.C. § 502(d) unless it turned over the transferred property. Both sides sought summary judgment.
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Court
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