- 11 U.S.C.
In re Stewart
Sep
20
2013
Ruling
Creditor's conversion of debtor's equipment violated stay.
Issue(s)
Did creditor's taking control of and failure to return debtor pizza establishment operator's restaurant equipment, which were left in vacated commercial lease space amount to conversion in violation of stay.
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Court
:
- 11 U.S.C.
Mayer v. Giamarco Mullins & Horton PC (In re Mayer)
Sep
04
2013
Ruling
Debtor's divorce attorney and arbitrator held constructive trust in proceeds of IRA debtor was required to liquidate.
Issue(s)
Whether defendants, chapter 7 debtor's former divorce attorney, his law firm, and an arbitrator, held any equitable interest that gave rise to a constructive trust in the proceeds of an IRA account that the debtor was required to liquidate and pay their outstanding fees, other than the constructive trust theory based on the debtor's divorce judgment that was rejected by the district court.
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Court
:
- 11 U.S.C.
Rakich v. Jagiello (In re Jagiello)
Aug
08
2013
Ruling
Debt was nondischargeable due to misrepresentation of purpose of loan.
Issue(s)
Whether debtor's misrepresentation of purpose of loan was grounds for nondischargeability under §§523(a)(2)(A).
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Court
:
- 11 U.S.C.
Heitmanis v. Rayes (In re Rayes)
Jul
17
2013
Ruling
Restitution for pecuniary loss not owed to a governmental institution was not nondischargeable under §523(a)(7).
Procedural posture
Debtors pled guilty to Embezzlement from a Vulnerable Adult, Mich. Comp. Laws § 750.174a, in a state court proceeding and were ordered to pay restitution. Plaintiff, guardian of the victim who later died, filed this adversary proceeding seeking nondischargeability of the restitution amounts under various subsections of 11 U.S.C.S. § 523 and sought summary judgment.
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Court
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In re Nablusi
Jul
16
2013
Ruling
Case dismissed for abuse due to 60-month disposable income in excess of threshold.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' bankruptcy case pursuant to 11 U.S.C.S. § 707(b)(2) and 707(b)(3).
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Court
:
- 11 U.S.C.
Erikson v. United States Dept of Treasury
May
13
2013
Ruling
Proceeding to hold debt to IRS dischargeable dismissed as based on hypothetical injury.
Procedural posture
Joint debtors filed a chapter 7 bankruptcy and scheduled debts including tax obligations owed to defendant creditor, the Internal Revenue Service (IRS). The debtors then filed an adversary proceeding seeking a declaration that such tax debts were dischargeable. The IRS filed a motion to dismiss the adversary proceeding arguing that the matter was not justiciable. The debtors contested the motion.
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Court
:
- 11 U.S.C.
In re Weinart
Apr
11
2013
Ruling
Case dismissed due to presumption of abuse where personal savings plan loan repayment was not a proper expense deduction.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the debtor's chapter 7 bankruptcy case claiming that the presumption of abuse arose pursuant to 11 U.S.C.S. § 707(b).
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Court
:
Miller v. Boss (In re Boss)
Apr
02
2013
Ruling
Trustee could sell debtor's interest in real property along with interests of non-debtor, joint tenancy co-owners.
Procedural posture
Chapter 7 trustee sought summary judgment authorizing him to sell a debtor's interest in real property, along with the interests of defendants, non-filing co-owners, pursuant to 11 U.S.C.S. § 363(h). Defendants filed a cross motion for summary judgment, arguing the statute did not permit such a sale in this instance.
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Court
:
- FRBP
In re Fodale
Feb
22
2013
Ruling
Settlement with lender including selling LLC membership interests approved over creditor's objection.
Procedural posture
In this chapter 7 case, the trustee filed a motion under Fed. R. Bankr. P. 9019 for entry of order authorizing compromise of claims and approval of a related sale of minority ownership interest. A creditor objected to the proposed settlement.
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Court
:
In re Golematis
Aug
17
2012
Ruling
Case ordered dismissed unless converted due to unwarranted expenses.
Procedural posture
The U.S. Trustee asserted that bankruptcy debtors claimed excessive expenses in calculating their disposable income, and that the debtors' income and reasonable expenses allowed the debtors to repay their unsecured creditors. The Trustee moved to dismiss the debtors' chapter 7 bankruptcy case for cause.
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Court
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