- 11 U.S.C.
Sumner Anesthesia Assocs. v. Hubbell
Dec
17
2009
Ruling
District court case dismissed and bankruptcy case reopened to allow estate to pursue claim not previously disclosed.
Procedural posture
Plaintiffs, present shareholders in a professional association, brought a declaratory judgment action against defendants, a former shareholder and his attorneys. Plaintiffs sought summary judgment on the grounds that defendants failed to disclose an underlying state court case when the former shareholder filed for bankruptcy, and defendants had no standing to pursue the state court case. Defendants moved for summary judgment and for sanctions.
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Court
:
- FRBP
Cook v. Department of Safety of Tenn. (In re Cook)
Dec
14
2009
Ruling
Motion for contempt for failure to comply with turnover order denied where service was improper.
Procedural posture
Plaintiff debtors filed an expedited motion for contempt against defendants, the State of Tennessee Department of Safety and the Jackson Metro Narcotics Unit. Pursuant to the motion, debtors sought immediate turnover of a vehicle, monetary sanctions, compensatory damages, and an award of attorneys fees and costs against defendants. At the hearing, defendants sought dismissal of the underlying adversary proceeding.
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Court
:
- 11 U.S.C.
Ampharm Inc. v. Samples (In re Samples)
Dec
11
2009
Ruling
Debt owed by LLC of which debtor was sole member was dischargeable with respect to debtor.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor from the debtor's limited liability company (LLC) which provided pharmacy services was a nondischargeable debt of the debtor under 11 U.S.C.S. § 523(a)(2) based on the debtor's fraud.
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Court
:
- 11 U.S.C.
Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.
Dec
04
2009
Ruling
Manufacturer could pursue fraudulent transfer claim against debtor to satisfy unpaid settlement.
Procedural posture
Plaintiff trailer manufacturer sued defendants, dealers, and alleged that the dealers had fraudulently transferred assets to avoid paying a dealer's creditors. The dealers moved for determination and the manufacturer moved to strike.
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Court
:
- 11 U.S.C.
Hixson v. McDowell (In re McDowell)
Dec
01
2009
Ruling
Motion to dismiss complaint for nondischargeability of judgment debt based on debtor's fraud and embezzlement denied.
Procedural posture
Plaintiff creditor filed an amended complaint alleging that a judgment debt should be excepted from discharge under 11 U.S.C.S. §§ 1328(a)(2) and 523(a)(4) as a debt for embezzlement or larceny. Defendant chapter 13 debtor filed a motion to dismiss the amended complaint on the grounds that it failed to state a claim upon which relief could be granted pursuant to Fed. R. Bankr. P. 7012(b) and Fed. R. Civ. P. 12(b)(6).
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:
- 11 U.S.C.
Jahn v. Cornerstone Cmty. Bank (In re U.S. Ins. Group LLC)
Dec
01
2009
Ruling
Secured creditor's interest in proceeds of book of business was subject to security interest of second creditor.
Procedural posture
A bankruptcy debtor, an insurance agency with a main asset of a book of business containing customer information, brought an adversary proceeding against defendant creditors seeking a determination of the creditors' security interests. After the debtor's case was converted to chapter 7 liquidation, plaintiff bankruptcy trustee moved for summary judgment that one creditor was entitled to the proceeds of sale of the book of business.
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Court
:
- 11 U.S.C.
Farinash v. Bensusan (In re Prebal Jeep Inc.)
Nov
30
2009
Ruling
Transfer that amounted to exchange of reasonably equivalent value was not avoidable.
Procedural posture
This adversary proceeding was initiated by plaintiff chapter 7 Trustee to recover allegedly fraudulent and preferential transfers made by debtor auto dealership to defendant investors. The proceeding was before the court on cross-motions for partial summary judgment.
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Court
:
- 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
:
- 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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Nukote Intl Inc. v. Office Depot Inc.
Nov
16
2009
Ruling
Non-core prepetition right of action arising under state law was appropriate for permissive withdrawal.
Procedural posture
Plaintiff manufacturer alleged that as a direct result of the breakdown of its business relationship with defendant retailer the manufacturer was forced to file for chapter 11 bankruptcy protection. The manufacturer filed an adversary proceeding in the bankruptcy court against the retailer and asserted, inter alia, breach of contract and fraudulent and negligent misrepresentation. The retailer moved to withdraw the reference.
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: