In re Arnold

Jul

2007

Ruling

Form 22C, allowing deduction of business expenses in determining "cuurent income" is erroneous.

Procedural posture

Chapter 13 trustee objected to the debtors'three-year, zero percent plan.

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Court :

Middle District of Tennessee ( Judge Harrison ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on July 03, 2007 , LexisNexis #1107-092

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11 U.S.C.

In re Fileccia

Jun

2007

Ruling

Debtor's failure to provide tax returns required dismissal despite potential for abuse by dishonest debtor.

Procedural posture

A debtor filed a motion to dismiss her chapter 7 bankruptcy case for failure to provide tax returns to the trustee, as required under 11 U.S.C. § 521(e)(2). The trustee and a creditor objected to the motion.

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Court :

Middle District of Tennessee ( Judge Paine ) [ Bankruptcy Court ]

opinion summary, case decided on June 06, 2007 , LexisNexis #0807-012

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11 U.S.C.
- § 544
- § 544(b)

Freeland v. Edison Corp. (In re Consol. Indus. Corp.)

Oct

2006

Ruling

Bankruptcy court properly avoided $30 million in dividend notes held by corporate debtor's parent.

Procedural posture

A corporate debtor filed an adversary proceeding against defendants, its corporate parent, a holding company, and five persons. The bankruptcy trustee was thereafter substituted as plaintiff. The parent appealed after the bankruptcy court entered a judgment against it. Although the bankruptcy court proposed to enter judgment in their favor, remaining defendants filed objections to its findings and holdings pursuant to Fed. R. Bankr. P. 9033.

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Court :

Northern District of Indiana ( Judge Sharp ) [ District Court ]

opinion summary, case decided on October 31, 2006 , LexisNexis #1206-095

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11 U.S.C.
- § 503
- § 503(b)

XL Specialty Ins. Co. v. James River Coal Co. (In re James River Coal Co.)

Aug

2006

Ruling

Bankruptcy court did not err in finding that sureties were not entitled to administrative expense claim for premiums accrued on prepetition bonds.

Procedural posture

Appellant sureties challenged an order from a United States bankruptcy court, which granted a summary judgment motion filed by appellees, a debtor and several of its subsidiaries, and denied the sureties'motion to reconsider the denial of their application for allowance of an administrative claim. In their application, the sureties sought allowance of the premiums accrued on certain bonds as an administrative expense under 11 U.S.C. § 503(b).

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Court :

Middle District of Tennessee ( Judge Echols ) [ District Court ]

opinion summary, case decided on August 31, 2006 , LexisNexis #1006-054

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