- 11 U.S.C.
Webb Mtn. LLC v. Exec. Realty Pship L.P. (In re Webb Mtn. LLC)
Nov
25
2009
Ruling
Purchasers; Extent of Trustee's Avoidance Powers; Trustee's Avoidance Powers as Unsecured Creditor. (Formerly 11 U.S.C. § 544(b)).
Procedural posture
This adversary proceeding was before the court upon the complaint filed by plaintiff debtor seeking to nullify and/or set aside four quit claim deeds transferring real property from the debtor to defendant, a creditor trustee, as an avoidable transfer under 11 U.S.C.S. § 544(b).
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Court
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- 11 U.S.C.
Hitachi Capital Am. Corp. v. Farinash (In re Prebul Jeep Inc.)
Nov
24
2009
Ruling
Creditor did not establish right to recover the amount of checks issued by the debtor which were dishonored by the bank after the debtor's bankruptcy.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bank which held funds in a bankruptcy debtor's operating account, seeking to recover the amount of checks issued by the debtor which were dishonored by the bank after the debtor's bankruptcy. The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Waldo
Oct
27
2009
Ruling
Acceptance of post-dated checks for "flat-fee" debtors' attorneys' fees negotiated prepetition violated stay.
Procedural posture
The United States Trustee in each of seven chapter 7 cases moved for disgorgement of attorneys' fees due to debtors' attorneys' violations of 11 U.S.C.S. §§ 362 and 524. Because the motions raised identical issues regarding the conduct of the same attorneys, they were consolidated for trial.
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Court
:
- 11 U.S.C.
McDonald v. Morgan (In re Morgan)
Sep
17
2009
Ruling
Debt was nondischargeable due to the debtor's misrepresentation regarding amount and purpose of loan.
Procedural posture
Plaintiff creditor sued seeking a monetary judgment against defendant debtor and a determination that it was nondischargeable under 11 U.S.C.S. § 523(a)(2). The complaint averred that debtor made false statements and misrepresentations upon which the creditor relied when he agreed to allow debtor to borrow money against a residence, under the representation that debtor was only going to borrow enough to pay off a truck. Judgment was pending.
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Court
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Fitzpatrick v. Toyota Motor Credit Corp. (In re Hartline)
Sep
09
2009
Ruling
Issuances of duplicate motor vehicle certificates of title were not preferential transfers.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant credit corporation, seeking an order avoiding a lien the corporation held on a vehicle chapter 7 debtors purchased, as a preferential transfer under 11 U.S.C.S. § 547(b).
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Court
:
- 11 U.S.C.
Tomlin v. Crownover (In re Crownover)
Aug
27
2009
Ruling
State court judgment did not sufficiently establish facts to be res judicata on issue of nondischargeability.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained against the debtor in a Tennessee court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The creditors filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Regions Bank v. Whisnant (In re Whisnant)
Aug
25
2009
Ruling
Loan debt was nondischargeable due to creditor's reliance on debtor's false financial statements and tax returns.
Procedural posture
This adversary proceeding was before the court upon the Complaint for Nondischargeability of Debt filed by plaintiff creditor, requesting a judgment against defendant debtor in the amount of $ 431,637 plus interest, costs, and attorneys' fees, as well as a determination that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
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Court
:
- 11 U.S.C.
In re Southland Invs. Inc.
Jul
02
2009
Ruling
Confirmation denied where plan relied on collection of speculative rent from tenants not subject to written leases.
Procedural posture
A debtor filed a voluntary petition commencing its bankruptcy case under chapter 11 of the Bankruptcy Code. The debtor filed a restated first amended plan of reorganization along with a restated first amended disclosure statement. A creditor filed an objection to the plan of reorganization.
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Court
:
- 11 U.S.C.
Helin v. Scott (In re Scott)
Apr
06
2009
Ruling
Debt was discharged where debtor's alleged misrepresentations were not proximate cause of creditor's loss.
Procedural posture
Plaintiff judgment creditor sued defendant debtor on a claim that a $65,547 default judgment obtained against debtors, a husband and wife, in a state court was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- FRBP
In re Cowan
Mar
17
2009
Ruling
Attorney suspended for six months due to failure to correct misstatements in disclosures and delays in filing debtors' petitions.
Procedural posture
Attorney challenged a determination by the bankruptcy court that determined that the attorney should be suspended from the practice of law in the Eastern District of Tennessee for six months based on his violation of Fed. R. Bankr. P. 2016(b) and his delay in filing bankruptcy petitions for his clients in a timely manner.
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Court
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