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In re Carter

Nov
20
2006
Ruling
Relief from stay denied where creditor was adequately protected.
Procedural posture

A creditor filed a Motion for Relief from Stay under 11 U.S.C. § 362(d)(1), asserting that it lacked adequate protection for its security interest in the debtor's automobile.

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opinion summary, case decided on November 20, 2006 , LexisNexis #0107-042
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In re Downstate News Group Inc.

May
31
2006
Ruling
Motion to dismiss involuntary case was granted since creditor had failed to show that claims were not subject of bona fide dispute.
Procedural posture

The creditors filed an action pursuant to 11 U.S.C. § 303(b)(1) against the debtor to commence an involuntary case of bankruptcy under chapter 7. The debtor filed a motion to dismiss.

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opinion summary, case decided on May 31, 2006 , LexisNexis #0606-071
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Illinois v. Trost (In re Trost)

May
25
2006
Ruling
Debtor's motion to dismiss state's complaint was granted since complaint was untimely filed and sufficient notice had been provided.
Procedural posture

Plaintiff state of Illinois brought an adversary proceeding against defendant bankruptcy debtor asserting that debts were nondischargeable based on the state's investigation of consumer complaints against the debtor. The debtor moved to dismiss the adversary complaint on the ground that the complaint was untimely under Fed. R. Bankr. P. 4007(c).

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opinion summary, case decided on May 25, 2006 , LexisNexis #0606-105
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In re Schwartz

May
17
2006
Ruling
Motion to dismiss was denied since creditor failed to show debtor's noncontingent, liquidated, unsecured debts exceeded the permitted limit.
Procedural posture

Respondent creditor filed a motion to dismiss petitioner debtor's chapter 13 bankruptcy case on the ground that the debtor was not eligible to be a chapter 13 debtor. The creditor objected to the chapter 13 plan.

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opinion summary, case decided on May 17, 2006 , LexisNexis #0606-009
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Ranney v. IRS (In re Ranney)

Apr
20
2006
Ruling
Debtor's tax liability was deemed nondischargeable since the debtor did not sign or acknowledge the substituted tax return.
Procedural posture

Plaintiff debtor filed a complaint to determine the dischargeability of his income tax debt to defendant IRS, pursuant to 11 U.S.C. § 523(a)(1).

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opinion summary, case decided on April 20, 2006 , LexisNexis #0606-055
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City of Kankakee v. Whitlow (In re Whitlow)

Mar
15
2006
Ruling
Court held that all judgment debts held by judgment creditor city government were nondischargeable under section 523(a)(7).
Procedural posture

Plaintiff, a judgment creditor by virtue of numerous judgments, brought an action against defendant debtor seeking to have the court determine that all of the judgments described were nondischargeable in debtor's chapter 7 bankruptcy, pursuant to the provisions of 11 U.S.C. § 523(a)(7).

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opinion summary, case decided on March 15, 2006 , LexisNexis #0406-125
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Richardson v. Terry Bullock Garages Inc. (In re Bullock Garages)

Feb
23
2006
Ruling
Trustee sufficiently showed that the accounts receivable in question were property of the debtor's bankruptcy estate subject to the dealer obtaining credits for garage kits that the dealer ordered from the debtor but never picked up from the debtor.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant dealer of prefabricated garages, seeking to recover from the dealer unpaid invoices due to the debtor for garage kits which the debtor manufactured. The bankruptcy court conducted a trial.

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opinion summary, case decided on February 23, 2006 , LexisNexis #0306-056
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Grandy v. Sanders (In re Smith)

Jan
10
2006
Ruling
Transfer of real estate was avoided since the transferee had not perfected via filing a quitclaim deed until after filing and such filing was not authorized by the court.
Procedural posture

Plaintiff, the chapter 7 trustee, brought an action against defendant transferee to avoid the transfer of certain real estate by debtor to the transferee as an unauthorized postpetition transfer pursuant to 11 U.S.C. § 549, , in the alternative, as an avoidable preference pursuant to 11 U.S.C. § 547(b). The matter was before the court for decision.

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opinion summary, case decided on January 10, 2006 , LexisNexis #0206-080
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