Still v. Bowers (In re McKenzie)
May
16
2014
Ruling
Statute of limitations not tolled due to trustee's failure to be alerted by "red flags."
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations or was the statute tolled until the complaint was filed?
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Court
:
- 11 U.S.C.
Still v. Bowers (In re McKenzie)
Feb
21
2014
Ruling
Summary judgment in avoidance proceeding denied due to dispute over timing of alleged fraudulent transfer.
Issue(s)
Could transfer of the debtor's interest in an LLC be avoided as a fraudulent conveyance and as an unauthorized postpetition transfer?
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Court
:
- 11 U.S.C.
Jahn v. FirstBank (In re Jones)
Sep
23
2013
Ruling
Property conveyed by valid prepetition successor trustee's deed was not property of the estate.
Issue(s)
Was deed from successor trustee to bank, following foreclosure pursuant to prepetition default and conforming to original deed of trust, sufficient to extinguish estate's interest in the subject property.
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Court
:
- 11 U.S.C.
In re Parham
Jul
29
2013
Ruling
Debtor could not proceed against the IRS for violation of the discharge injunction until administrative remedies had been exhausted.
Issue(s)
Whether the debtors were obligated to exhaust their administrative remedies before proceeding with a motion to hold the IRS in contempt under 26 U.S.C.S. § 7433(d)(1) for violating the discharge injunction found in 11 U.S.C.S. § 524(a)(2) and (3).
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Court
:
- 11 U.S.C.
Steed v. Hawkins (In re Rivas)
Apr
06
2012
Ruling
Transfers by debtor Ponzi scheme operator to "equity agent" were avoidable where no value was received in exchange.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant agent, seeking a determination that he was entitled under 11 U.S.C.S. § 548(a)(1) to recover money the agent received from a chapter 7 debtor who operated a Ponzi scheme. The trustee filed a motion for summary judgment, and the court consolidated the trustee's motion with objections the trustee filed to claims the agent filed against the debtor's bankruptcy estate.
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Court
:
In re Winters
Mar
12
2012
Ruling
Chapter 13 case dismissed due to liquidated noncontingent secured debt in excess of limits.
Procedural posture
A creditor filed a motion to dismiss chapter 13 debtor's case on the grounds that the debtor owed an unsecured debt to the creditor that exceeded the unsecured debt limit of $360,475 established by 11 U.S.C.S. § 109(e) for an individual to be eligible for chapter 13 relief.
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Court
:
- 11 U.S.C.
Poteet v. eCAST Settlement Corp. (In re Poteet)
Aug
17
2011
Ruling
Filing of proof of claim omitting supporting documentation did not violate stay.
Procedural posture
Defendant creditor filed a motion to dismiss plaintiff debtors' complaint, which alleged a gross violation of the automatic stay, 11 U.S.C.S. § 362, that defective proofs of claim filed by the creditor gave rise to a right to monetary damages and legal fees under Fed. R. Bankr. P. 3001(c), that the creditor violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. §§ 1692-1692p.
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Court
:
Jahn v. Genesis Merchant Partners LP (U.S. Ins. Group LLC)
Jun
09
2011
Ruling
Payments within 90 days of petition date to undersecured lender on account of antecedent debt were avoidable.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment in his action against defendant lender, seeking to avoid and recover four alleged preferential transfers pursuant to 11 U.S.C.S. § 547(b).
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Court
:
In re Senior Hous. Alternatives Inc.
Jan
19
2011
Ruling
Income stream assigned to creditor's predecessor in interest was "cash collateral" and could be used by debtors.
Procedural posture
A secured creditor of Chapter 11 debtor filed a motion to prohibit the debtor's use of cash and for relief from the automatic stay. The debtor filed a motion to determine that the cash was free and clear of the creditor's lien or, alternatively, for use of cash collateral if it was subject to the creditor's lien.
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Court
:
In re Morgan
Nov
29
2010
Ruling
Debtor whose spouse operated Ponzi scheme allowed homestead exemption and partial avoidance of judicial lien of spouse's trustee.
Procedural posture
Debtor, the wife of a Ponzi scheme operator, claimed a homestead exemption in her real property. Her trustee and the spouse's bankruptcy trustee filed objections to that exemption and to her claim of an exemption in certain garnished funds. Debtor also moved to avoid the spouse's trustee's judicial lien to the extent that it impaired her exemptions.
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Court
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