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CM Temp. Servs. v. Bailey (In re Bailey)

Sep
12
2007
Ruling
Discharge denied due to debtor's failure to keep records regarding business checking account also used for personal expenses.
Procedural posture

Plaintiff creditor filed a motion for summary judgment on its complaint against defendant chapter 7 debtor, which sought to have a scheduled, disputed debt found non- dischargeable pursuant to 11 U.S.C. § 523(a)(2) and (a)(4), and also sought to deny the debtor's discharge pursuant to 11 U.S.C. § 727(a)(3).

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Commercial opinion summary, case decided on September 12, 2007 , LexisNexis #1007-088
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Rieser v. Moorman (In re Equity Land Title Agency Inc.)

Jun
12
2007
Ruling
Trustee could not seek to avoid transfers based on court's earlier decision to which transferees were not parties.
Procedural posture

Defendants, recipients of allegedly avoidable transfers, moved to dismiss an adversary complaint filed against them by the chapter 7 trustee to recover those transfers. At issue was whether the trustee might properly pursue a claim per 11 U.S.C. § 550 against defendants based upon the court's earlier decision in a previous adversary proceeding despite the fact that defendants were not parties therein nor in privity with any other party thereto.

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opinion summary, case decided on June 12, 2007 , LexisNexis #0707-102
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Rieser v. Brownmor Co. (In re Pyper Constr. Co.)

May
16
2007
Ruling
Payment by general contractor to sub-subcontractor was not property of debtor subcontractor's estate and not avoidable.
Procedural posture

Plaintiff chapter 7 trustee, on behalf of debtor subcontractor, brought an adversary proceeding to avoid as a preference, pursuant to 11 U.S.C. § 549, a $54,000 payment made by defendant general contractor to defendant sub-sub contractor. The trustee also asserted, pursuant to 11 U.S.C. § 542, that the debtor subcontractor was owed funds from the contractor related to the general contract. The parties moved for summary judgment.

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opinion summary, case decided on May 16, 2007 , LexisNexis #0607-132
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In re Murray

Sep
11
2006
Ruling
Although stay was not in effect in debtors'third chapter 13 filing, any action by creditor involving property of the estate was to be brought in bankruptcy court.
Procedural posture

A creditor filed a motion for an order confirming the inapplicability of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(C)(ii). The debtors responded that a creditor action involving the debtors'property was to occur exclusively in bankruptcy court during the pendency of the chapter 13 case.

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opinion summary, case decided on September 11, 2006 , LexisNexis #1006-040
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