- 11 U.S.C.
Straney v. GMC
Oct
06
2006
Ruling
Bankruptcy of successor did not bar ERISA action by former employee.
Procedural posture
Plaintiff retiree sued defendant former employer seeking benefits under section 502 of ERISA, alleging breach of fiduciary duty under sections 404 and 406 of ERISA, and asserting estoppel, breach of contract, fraud, and innocent misrepresentations. He sought past retirement benefits and an order requiring payment of them in the future, plus damages, costs and fees. The employer moved for a stay of all proceedings.
ABI Membership is required to access the full summary of Straney v. GMC 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 Enderle
Oct
05
2006
Ruling
Creditor lessor was allowed administrative expense for sale of vehicle of which debtor had assumed lease.
Procedural posture
Bankruptcy debtors assumed a vehicle lease under their confirmed chapter 13 plan, but the debtors subsequently defaulted on the lease. With bankruptcy court approval the lessor sold the vehicle, and the lessor moved for allowance of an administrative claim for the deficiency balance plus attorney fees.
ABI Membership is required to access the full summary of In re Enderle 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 Van Stelle
Oct
04
2006
Ruling
Insurance proceeds from totalled vehicle were not property of the estate and could not be used to purchase replacement vehicle without creditor's consent.
Procedural posture
Before bankruptcy debtors'chapter 13 plan was confirmed, the debtors'vehicle which was subject to a security interest was in an accident and declared a total loss. After the plan was confirmed, the bankruptcy trustee received an insurance settlement check, payable to both the debtors and the secured creditor, and the debtors moved for leave to use the insurance proceeds to purchase a replacement vehicle.
ABI Membership is required to access the full summary of In re Van Stelle Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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.
ABI Membership is required to access the full summary of In re Iwasko Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fisher v. Moon (In re Fisher)
Oct
04
2006
Ruling
Duly noticed and conducted foreclosure sale for less than reasonable value was not a fraudulent transfer.
Procedural posture
Defendant county treasurer foreclosed on debtor's property for non- payment of property taxes. The total consideration received was the outstanding tax obligation of $1,843.75. Debtor and the chapter 13 trustee filed an avoidance action under 11 U.S.C. § 548(a)(1)(B), claiming the value of the property was approximately $68,000, and thus the transfer by the treasurer constituted a fraudulent conveyance. The parties moved for summary judgment.
ABI Membership is required to access the full summary of Fisher v. Moon (In re Fisher) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Vermont Dept. of Taxes v. Quality Stores Inc. (In re Quality Stores Inc.)
Oct
04
2006
Ruling
Turnover proceeding against state revenue department was not barred by sovereign immunity.
Procedural posture
Appellee retail store filed an adversary proceeding against appellant Vermont Department of Taxes pursuant to 11 U.S.C. §§ 541, 542 and 505, seeking the turnover of funds for allegedly overpaid sales taxes for two tax years. The State sought review of a decision of the bankruptcy court, which denied its motion to dismiss on the basis of sovereign immunity. The State elected to have its appeal heard by the federal district court.
ABI Membership is required to access the full summary of Vermont Dept. of Taxes v. Quality Stores Inc. (In re Quality Stores Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Micon Wayside Bar & Grille Inc. v. Delia (In re Delia)
Oct
03
2006
Ruling
Indemnification claim against debtor by bar held liable under dram shop act was nondischargeable.
Procedural posture
Plaintiff bar requested that a judgment against defendant debtor be determined non-dischargeable pursuant to 11 U.S.C. § 523(a)(9). The judgment against the debtor was the result of an indemnification claim by the bar under the Michigan Dram Shop Act.
ABI Membership is required to access the full summary of Micon Wayside Bar & Grille Inc. v. Delia (In re Delia) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lankheet v. Porter (In re Bonzelaar)
Sep
01
2006
Ruling
Property conveyed to debtor without her consent and listed in schedules solely upon advice of counsel was property of the estate.
Procedural posture
Appellant seller sought review of a decision of a bankruptcy court, which found that certain real property was part of debtor's bankruptcy estate in the seller's case against appellee trustee.
ABI Membership is required to access the full summary of Lankheet v. Porter (In re Bonzelaar) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Opra
Aug
25
2006
Ruling
Debtor's former attorneys ordered to appear and show cause as to failure to disclose lawsuit proceeds on schedules.
Procedural posture
After debtor filed a voluntary chapter 7 bankruptcy petition, her new attorney filed amended schedules disclosing lawsuit proceeds valued at $100,000 and claiming an exemption in the newly-scheduled asset pursuant to 11 U.S.C. § 522(d)(5), (d)(11)(D) and (d)(11)(E). The trustee timely objected to the debtor's amended exemptions. The bankruptcy court held a hearing on the objection.
ABI Membership is required to access the full summary of In re Opra 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 Signature Developers Inc.
Aug
24
2006
Ruling
Trustee could sell subdivision lots free and clear of restriction providing that debtor was the exclusive builder for the development.
Procedural posture
A bankruptcy debtor developed a residential subdivision with a restriction providing that the debtor was the exclusive builder for improvements in the subdivision. The trustee moved pursuant to 11 U.S.C. § 363(f)(5) to sell certain lots in the subdivision to the mortgagee secured by the lots, free and clear of the builder restriction, and a creditor which purchased other lots subject to the restriction objected to the sale.
ABI Membership is required to access the full summary of In re Signature Developers Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: