- 11 U.S.C.
In re Robinson
Mar
09
2015
Ruling
Case ordered converted to chapter 13 or dismissed for abuse due to debtors' ability to pay debts.
Issue(s)
Should case be dismissed for abuse where debtors had reasonably stable income and were able to pay a meaningful portion of their unsecured debts from future income?
ABI Membership is required to access the full summary of In re Robinson 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 Wenzel
Mar
09
2015
Ruling
Presumption of abuse arose in debtor's case once gas allowance and bonus were included in current monthly income calculation.
Issue(s)
Whether debtor's current monthly income (CMI) calculation had to include $400 he received as a monthly gas allowance and/or a $3,200 bonus he received during the relevant six month period before filing his petition.
ABI Membership is required to access the full summary of In re Wenzel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Horvath
Mar
03
2015
Ruling
Settlement of claims not approved due to ambiguities and inconsistencies in the agreement.
Issue(s)
Should trustee's settlement of state court litigation and other claims of creditors and motion for relief from stay in involuntary case be approved?
ABI Membership is required to access the full summary of In re Horvath 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 Grace
Feb
27
2015
Ruling
Creditor entitled to relief from co-debtor stay where debtor's confirmed plan would not pay its debt in full.
Issue(s)
Was nursing facility operator entitled to relief from the co-debtor stay to continue state court collection activity against debtor's spouse?
ABI Membership is required to access the full summary of In re Grace 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 Oglesby
Oct
10
2014
Ruling
Motion to open granted to the extent seeking to avoid prior pension fund's judgment lien.
Issue(s)
Should debtor be allowed to reopen case to seek avoidance of judicial liens of cooperative and pension fund?
ABI Membership is required to access the full summary of In re Oglesby 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 Fremont Hospitality Group
Sep
26
2014
Ruling
Claim disallowed due to creditors' self-dealing.
Issue(s)
Should claim based on note and mortgage executed by creditor on behalf of debtor hotel business in favor of herself be disallowed?
ABI Membership is required to access the full summary of In re Fremont Hospitality Group Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Oglesby v. Sunrise Coop. Inc.
Sep
26
2014
Ruling
Proceeding for violation of discharge injunction based on creditor's foreclosure of valid in rem rights dismissed.
Issue(s)
Did creditor's foreclosure violate the discharge injunction?
ABI Membership is required to access the full summary of Oglesby v. Sunrise Coop. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Courtney v. Courtney (In re Courtney)
Sep
22
2014
Ruling
One half of tax refund owed to former spouse pursuant to divorce decree was nondischargeable.
Issue(s)
Was portion of tax refund owed to debtor's former spouse a nondischargeable debt?
ABI Membership is required to access the full summary of Courtney v. Courtney (In re Courtney) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fortman v. Crowe (In re Crowe)
Sep
22
2014
Ruling
Debt resulting from incomplete construction project was dischargeable given debtor's honest belief that project would be completed.
Issue(s)
Was debt arising from construction project that debtor never completed nondischargeable?
ABI Membership is required to access the full summary of Fortman v. Crowe (In re Crowe) 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 Freemont Hospitality Group LLC
Sep
19
2014
Ruling
Insurance premium for debtor hotel was an administrative expense claim but not claim for attorneys fees paid to attorneys not employed pursuant to § 327 or § 1103.
Issue(s)
Was chapter 7 trustee's attorney entitled to an administrative expense claim incorporating payment of an insurance premium for debtor hotel and attorneys' fees incurred prior to conversion of debtor's case from chapter 11 to chapter 7?
ABI Membership is required to access the full summary of In re Freemont Hospitality Group LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: