- 11 U.S.C.
Demerdjian v. Thompson (In re Thompson)
Nov
01
2006
Ruling
Debtor's failure to disclose problems with state regulatory agency when selling massage school was not a material misrepresentation.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that debt owed to creditor was nondischargeable under 11 U.S.C. § 523(a)(2) or (a)(4).
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Court
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- 28 U.S.C.
MacDonald v. Greenwood (In re MacDonald)
Oct
31
2006
Ruling
Bankruptcy cases brought in improper venue must be either dismissed or transferred to a venue where the case could have been properly brought.
Procedural posture
Appeals were filed from three decisions of the bankruptcy court. Two of the bankruptcy court's judges held that improperly venued bankruptcy cases were to be transferred or dismissed, and the third judge held that an improperly venued bankruptcy case could be retained if the interests of justice and the convenience of the parties so required.
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Court
:
- 11 U.S.C.
Suh v. Davis (In re Lee)
Oct
31
2006
Ruling
Solvent third parties did not have standing to raise issue of stay violations.
Procedural posture
Plaintiff creditor filed a complaint to enforce a judicial lien against defendants, a purchaser and a lien holder. Defendants removed the complaint and filed a motion for summary judgment.
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Court
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Freeland v. Edison Corp. (In re Consol. Indus. Corp.)
Oct
31
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
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In re Bayless
Oct
18
2006
Ruling
Creditor's secured claim could not be bifurcated into secured and unsecured portions upon debtor's surrender of vehicle.
Procedural posture
The debtors filed a motion to confirm their chapter 13 plan. The creditor which financed the debtors'vehicle filed an objection, arguing, in part, that the debtors were required to provide for the deficiency. The issue was whether 11 U.S.C. § 1325(a)(5) (2005) allowed the debtors to surrender a vehicle in full satisfaction of the debt.
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Court
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G.E. Cattle Co. v. United Producres Inc. (In re United Producers Inc.)
Oct
06
2006
Ruling
Appeal of plan confirmation dismissed as moot due to substantial consummation.
Procedural posture
Appellants, holders of prepetition judgments against one of appellee debtors for fraud, breach of contract, conversion, and Packers and Stockyards Act violations, objected to debtors'amended plan. They challenged the Bankruptcy Court for the Southern District of Ohio's orders finding that the plan met all the confirmation standards, and confirming the plan. Debtors moved to dismiss the appeal as equitably moot.
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- 11 U.S.C.
In re Jarvis
Sep
29
2006
Ruling
Bankruptcy petition preparer sanctioned for failure to comply with signature requirements and for failing to file compensation disclosure statement.
Procedural posture
The United States Trustee filed a motion seeking to impose fines on a bankruptcy petition preparer in a chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. § 110(l)(1) and (2)(d). The Trustee also sought forfeiture of the preparer's compensation pursuant to section 110(h). The preparer did not appear or respond to the Trustee's motion.
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Court
:
- 11 U.S.C.
First Am. Title Ins. Co. v. Nation (In re Nation)
Sep
27
2006
Ruling
Title company that paid mortgage note under policy could not collect from debtor where mortgage was provided for in plan and discharge had issued.
Procedural posture
Plaintiff title company commenced an adversary proceeding against defendant debtor to determine whether a debt under a promissory note was discharged pursuant to a chapter 13 plan. In the alternative, the title company sought to vacate the discharge to permit collection. Both parties filed motions for summary judgment.
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Court
:
- FRBP
Buckeye Ret. Co. LLC v. Hake (In re Hake)
Sep
14
2006
Ruling
Creditor properly sanctioned for attempting to file adversary proceeding on behalf of the estate for purposes of harassment.
Procedural posture
Appellant creditor sought review of a final order of the Bankruptcy Court for the Northern District of Ohio, which sanctioned it for violating Fed. R. Bankr. P. 9011(b)(1) and (2) when it filed, in appellee debtors'chapter 11 case, a motion for leave to file an adversary proceeding on behalf of the bankruptcy estate to recover monies contributed by one debtor to his 401(k) retirement account.
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XL Specialty Ins. Co. v. James River Coal Co. (In re James River Coal Co.)
Aug
31
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
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