Judge Shefferly

Wildwood Property LLC v. Rauf (In re Rauf)

Ruling: 
Misrepresentation of authority to act on behalf of LLC was not knowingly made was not grounds for nondischargeable debt.
ABI Membership is required to access the full summary of Wildwood Property LLC v. Rauf (In re Rauf). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 03,2014, LexisNexis #0214-022

Wells v. Salmo (Select One Inc.)

Ruling: 
Transfer of grocery store to relative in exchange for cancellation of debt in lesser amount was constructively fruadulent.
ABI Membership is required to access the full summary of Wells v. Salmo (Select One Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 13,2013, LexisNexis #0913-023

Gold v. Nova World Intl LLC (In re Harvey Goldman & Co.)

Debtor, which was subject of an involuntary chapter 7 petition, was a large customer of defendant creditor, a Michigan limited liability company that sold machinery for the debtor's use in various locations. The trustee sought to avoid transactions whereby the debtor had paid for machinery ordered pre-petition, but installed postpetition. Trustee and the creditor each moved for summary judgment.
Ruling: 
Trustee could avoid prepetition payment for machinery that was installed postpetition.
ABI Membership is required to access the full summary of Gold v. Nova World Intl LLC (In re Harvey Goldman & Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 01,2013, LexisNexis #0413-130

In re Ohakpo

Two state court officers, who seized two automobiles belonging to one of the debtors for the purpose of selling them to satisfy a judgment obtained by a creditor against that debtor, filed a motion seeking a determination that they were custodians of the automobiles entitled to relief under 11 U.S.C.S. § 543(c).
Ruling: 
State court officer who seized debtor's vehicles was a custodian entitled to relief.
ABI Membership is required to access the full summary of In re Ohakpo. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 04,2013, LexisNexis #0313-119

In re Gourlay

A chapter 7 trustee filed a motion under 11 U.S.C.S. § 329 seeking disgorgement of a fee paid to the debtor's attorney and cancellation of an agreement to pay a fee to the attorney post-petition.
Ruling: 
Debtor's prepetition agreement to pay balance of flat fee to attorney postpetition ordered canceled to the extent any further fees were owed.
ABI Membership is required to access the full summary of In re Gourlay. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 09,2012, LexisNexis #1112-002

In re Kallabat

Chapter 7 debtor filed a motion seeking actual and punitive damages for a willful violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k).
Ruling: 
Postpetition divorce rulings that went beyond relief excepted from stay were void.
ABI Membership is required to access the full summary of In re Kallabat. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 13,2012, LexisNexis #0812-039

In re Kaid

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank filed a claim against the debtor's bankruptcy estate to collect a judgment it obtained against the debtor in state court. The debtor filed an objection to the bank's claim.
Ruling: 
Bank's claim on guarantee allowed despite its sale of underlying note and mortgage.
ABI Membership is required to access the full summary of In re Kaid. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 29,2012, LexisNexis #0612-083

In re Young

After chapter 7 debtors, a husband and wife, filed a joint chapter 7 petition, the wife claimed an exemption in a vehicle under 11 U.S.C.S. § 522(d)(5). The trustee objected.
Ruling: 
Debtor not entitled to claim exemption in vehicle owned by debtor spouse.
ABI Membership is required to access the full summary of In re Young. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2012, LexisNexis #0412-045

In re Tristar Fire Prot. Inc.

A union objected to a chapter 11 debtor's plan of reorganization, contending that it held an administrative expense claim arising out of certain alleged unfair labor practices by the debtor. The union also filed a motion for allowance and payment of this administrative claim.
Ruling: 
Union not entitled to administrative expense claim for debtor's alleged unfair labor practices.
ABI Membership is required to access the full summary of In re Tristar Fire Prot. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 08,2012, LexisNexis #0412-044

Pages

Subscribe to Judge Shefferly