In re Brown
Sep
05
2007
Ruling
Trustee's objection to homestead exemption was moot where house had been removed from estate by confirmation process.
Procedural posture
A chapter 7 trustee objected to the debtor's claimed exemption in the debtor's home.
ABI Membership is required to access the full summary of In re Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Works
Aug
28
2007
Ruling
Property of estate could not be abandoned to creditor.
Procedural posture
The bankruptcy court previously entered an order which purported to abandon to creditor the claims of the debtor, a limited liability company, against one of its members. The creditor, who was also a member of the debtor, had been asserting the debtor's claims as derivative claims. The court sua sponte entered and order to show cause why its order for abandonment should not be vacated.
ABI Membership is required to access the full summary of In re Works Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Enyedi
Jul
12
2007
Ruling
Dismissal of state court action that was property of the estate violated stay.
Procedural posture
Chapter 7 trustee filed a motion to have a state court dismissal of a lawsuit filed by the debtors declared void ab initio on the grounds that the dismissal order violated the automatic stay under 11 U.S.C. § 362(a)(3), have the defendants in the state court lawsuit assessed compensatory and punitive damages, and attorney fees and costs, based upon their willful violation of the automatic stay.
ABI Membership is required to access the full summary of In re Enyedi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Heath
Jul
06
2007
Ruling
Debtor's loss of employment was a special circumstance rebutting the presumption of abuse.
Procedural posture
The United States trustee brought a motion to dismiss for abuse debtor's converted chapter 7 case, pursuant to 11 U.S.C. § 707(b)(2) and (b)(3). The issue was whether debtor's loss of her job constituted special circumstances that rebutted the statutorily defined presumption of abuse, and whether the totality of the circumstances demonstrated abuse.
ABI Membership is required to access the full summary of In re Heath Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re White
Jul
03
2007
Ruling
Creditor's administrative expense claim filed three years after plan confirmation disallowed.
Procedural posture
Debtors filed a petition under chapter 13, and the court confirmed their plan for repaying their creditors. Just over three years later, a creditor filed a motion for allowance of an administrative expense claim under 11 U.S.C. § 503(b)(1)(A). The chapter 13 trustee filed an objection to the creditor's motion.
ABI Membership is required to access the full summary of In re White Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cash Am. Fin. Servs. v. Fox (In re Fox)
Jun
13
2007
Ruling
Debtor's alleged comingling and conversion of funds collected for creditor did not give rise to nondischargeable debt where collection agreement disclaimed fiduciary relationship.
Procedural posture
Appellant creditor brought an adversary proceeding against appellee bankruptcy debtor, alleging that a debt to the creditor from a corporation controlled by the debtor was not dischargeable in the debtor's bankruptcy under 11 U.S.C. § 523(a)(4) and (6). The creditor appealed the judgment holding the debt to be dischargeable which was entered in the Bankruptcy Court for the Northern District of Ohio.
ABI Membership is required to access the full summary of Cash Am. Fin. Servs. v. Fox (In re Fox) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- 11 U.S.C.
In re Ajay Sports Inc.
Jun
12
2007
Ruling
Damages claim for at-will discharge was not subject to cap as not based on employment contract.
Procedural posture
The debtors filed an objection, based on 11 U.S.C. § 502(b)(7), objected to a creditor's proof of claim.
ABI Membership is required to access the full summary of In re Ajay Sports Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Dzikowski v. Gauthier (In re Gauthier)
May
30
2007
Ruling
Discharge denied due to debtors'misrepresentations regarding sale of homestead and use of proceeds.
Procedural posture
Chapter 7 trustee filed a complaint that objected to the debtors'claim of exempt property, objected to the debtor's discharge, sought to avoid unauthorized postpetition transfers, and claimed that a money judgment was owed. The court held a hearing and issued findings.
ABI Membership is required to access the full summary of Dzikowski v. Gauthier (In re Gauthier) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Araj v. Kohut (In re Araj)
May
29
2007
Ruling
Bankruptcy court properly ordered debtor to turn over portion of tax refund which was property of the estate.
Procedural posture
Appellant debtor filed a voluntary petition for relief under chapter 7. The bankruptcy court ordered her to turn over a portion of her 2005 state and federal income tax refunds to appellee bankruptcy trustee. The debtor appealed.
ABI Membership is required to access the full summary of Araj v. Kohut (In re Araj) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Sanders
May
18
2007
Ruling
Debtor not entitled to discharge in chapter 13 case filed within four years of chapter 7 discharge.
Procedural posture
The debtors filed for relief under chapter 13, and submitted a proposed plan. The trustee objected to the plan and requested that the debtors not receive a discharge, pursuant to 11 U.S.C. § 1328(f)(1).
ABI Membership is required to access the full summary of In re Sanders Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: