- 11 U.S.C.
Simons v. Hart (In re Hart)
Aug
02
2006
Ruling
Debt resulting from intoxicated operation of motor vehicle was nondischargeable reagardless of degree of intoxication.
Procedural posture
Plaintiffs, an individual hurt in an automobile accident and his family, filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6) and (a)(9). The husband (debtor) had been involved in the automobile accident; he had been drinking.
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Court
:
In re Flores
Jul
20
2006
Ruling
Court denied automatic stay relief and overruled plan confirmation objection since debtor could include creditor's claim against debtor's property interest despite debtor's lack of privity with creditor.
Procedural posture
Movant creditor filed for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) and an objection to respondent debtor's chapter 13 plan based on the debtor's lack of personal liability and lack of privity.
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Court
:
In re St. Joseph Cleaners
Jul
12
2006
Ruling
Chapter 7 trustee's motion for disgorgement of portion of chapter 11 counsel's retainer paid prior to conversion was denied since confirmed plan payments were final.
Procedural posture
A bankruptcy debtor's chapter 11 case was converted to chapter 7 and the chapter 11 counsel for the debtor received an award of fees which included the balance of the prepetition retainer paid by the debtor. The chapter 7 trustee subsequently discovered that the debtor's estate had insufficient funds to pay the chapter 11 administrative claims, and the trustee moved for disgorgement of a portion of counsel's retainer.
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Court
:
- 11 U.S.C.
Olsen v. Slocombe (In re Slocombe)
Jun
29
2006
Ruling
Debtor was denied discharge due to failure to disclose certain information.
Procedural posture
A suit involving defendant, a chapter 7 debtor, was filed in the district court. The district court referred the suit to the court. Plaintiff, a chapter 7 trustee, later filed a motion asking the court to deny a discharge to the debtor pursuant to 11 U.S.C. § 727(a)(4)(D), due to the debtor's failure to disclose information concerning the bankruptcy estate.
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Court
:
- 28 U.S.C.
Thickstun Bros. Equip. Co. v. Encompass Serv. Corp. (In re Thickstun Bros. Equip. Co.)
Jun
02
2006
Ruling
Appellate panel held that bankruptcy court had jurisdiction to interpret confirmed plan but did not have jurisdiction over state court ruling.
Procedural posture
Appellant debtor sought review of a decision of the Bankruptcy Court for the Southern District of Ohio, which denied the debtor's motion for interpretation and clarification of a plan that was confirmed pursuant to chapter 11.
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- 11 U.S.C.
Shapiro v. Art Leather Inc. (In re Connolly N. Am. LLC)
Apr
12
2006
Ruling
Summary judgment regarding avoidance and recovery claim was denied since issues of fact existed as to whether creditor benefitted from the transfers.
Procedural posture
Plaintiff trustee sued defendant accounts receivable seller pursuant to 11 U.S.C. § 550(a)(1), seeking to avoid and recover six prepetition payments that the chapter 7 debtor made to the purchaser of defendant's accounts receivable. Defendant moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Wallace
Apr
09
2006
Ruling
Congress did not authorize states to create separate bankruptcy specific exemption schemes.
Procedural posture
Debtor filed a chapter 7 bankruptcy petition, claiming that her interest in a particular property was exempt under Mich. Comp. Laws § 600.5451(1)(n). The chapter 7 trustee filed a timely objection to the claimed exemption, contending that Mich. Comp. Laws § 600.5451(1)(n) was unconstitutional because it violated the Supremacy Clause, U.S. Const. art. VI, cl. 2.
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Court
:
In re Jones
Mar
31
2006
Ruling
Attorney was compensated only for those hours reasonably expended to file the case and obtain the stay since the attorney should have advised debtor that filing a chapter 13 plan was not feasible.
Procedural posture
The debtor's attorney filed a fee application requesting approval of fees of $1,917.85 plus costs of $74.33. The bankruptcy court had awarded $500.00 in fees and $74.33 in costs. On appeal, the district court remanded the fee application for determination consistent with the Sixth Circuit's decision in Boddy.
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Court
:
- 11 U.S.C.
Izzo v. United States (In re Izzo)
Mar
30
2006
Ruling
Court reversed and remanded case since debtors'tax liabilities were deemed nondischargeable due to debtors'untimely filing of seven annual tax returns.
Procedural posture
Defendant United States sought review of an adversary proceeding summary judgment ruling by the bankruptcy court that the tax liabilities of plaintiff, a chapter 7 debtor, were not excepted from discharge under 11 U.S.C. § 523(a)(1)(B)(i).
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Court
:
In re Mars
Mar
28
2006
Ruling
Dismissal of debtor's case was denied since debtor did not have to choose chapter 13 over chapter 7 solely because a payment plan was feasible.
Procedural posture
The trustee filed a motion to dismiss debtors' chapter 7 bankruptcy proceeding, pursuant to former 11 U.S.C. § 707(b), on the basis that debtors were capable of funding a chapter 13 plan that would pay a significant amount to their unsecured priority creditors.
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Court
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