- 11 U.S.C.
In re T.A. Brinkoetter & Sons Inc.
Mar
28
2012
Ruling
Interest, but not penalties, on late payments under collective bargaining agreement was nondischargeable.
Procedural posture
When a chapter 11 debtor in possession (DIP) failed to timely pay postpetition fringe benefits under a collective bargaining agreement (CBA) that it did not reject under 11 U.S.C. § 1113, movants, the pension and welfare funds to which the payments were owed, asked the court to grant administrative expense status to those debts. The court treated the matter as a motion under Fed. R. Bankr. P. 9013 and 9014.
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Court
:
- 11 U.S.C.
Shinn v. IRS (In re Shinn)
Mar
22
2012
Ruling
Taxes for years in which debtor did not file returns until after IRS assessed deficiencies were nondischargeable.
Procedural posture
Plaintiff debtor filed a complaint against defendant Internal Revenue Service (IRS), seeking a determination that his federal income tax liability for the tax years 1998 through 2006 was dischargeable pursuant to 11 U.S.C.S. § 523(a)(1). The IRS conceded dischargeability as to all tax years except 2001 and 2002. The IRS filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Posnanski v. Kosth (In re Kosth)
Mar
13
2012
Ruling
Discharge denied due to false statement regarding payments to insiders within year prior to petition date.
Procedural posture
Plaintiff creditor filed a complaint objecting to both the dischargeability of defendant debtor's debt under 11 U.S.C.S. § 523, the debtor's discharge under 11 U.S.C.S. § 727.
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Court
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In re Martin
Jan
24
2012
Ruling
Confirmation of above median debtor's plan with three-year term denied due to failure to meet applicable commitment period.
Procedural posture
The chapter 13 debtor sought confirmation of an amended plan. An objection was filed.
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Court
:
- 11 U.S.C.
In re Scharp
Nov
28
2011
Ruling
Relief from stay granted to allow creditor franchisee to continue eviction action.
Procedural posture
Creditor, a franchisor, sought relief from stay per 11 U.S.C.S. § 362 to continue its prosecution of an eviction action to oust debtor franchisee from a property on which movant's facility was located. Debtor opposed relief on the ground that the contractual arrangement between the parties was not a "true lease" and could not be assumed under 11 U.S.C.S. § 365, thereby foreclosing relief from stay.
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Court
:
- 11 U.S.C.
Barber v. Grube (In re Grube)
Oct
06
2011
Ruling
Transfer of funds to non-debtor spouse to be held as earmarked for undetermined joint tax liability was avoidable as fraudulent.
Procedural posture
A debtor's chapter 7 bankruptcy trustee sued defendant, the debtor's wife, to avoid five prepetition transfers as fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B). The trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Riekena
Sep
15
2011
Ruling
Joint debtor who filed petition one day after dismissal of prior chapter 13 case was not an eligible debtor.
Procedural posture
Movant, the chapter 13 trustee, moved to dismiss one of the debtors, the wife, from the case due to her alleged ineligibility under 11 U.S.C.S. § 109(g)(2), based upon her prior filing, and the dismissal on her motion of, a prior individual chapter 13 case.
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Court
:
- 11 U.S.C.
State Bank of Indus. V. Moffett (In re Moffett)
Jul
25
2011
Ruling
Loan debt was dischargeable where bank president's reliance on belief that debtor owed mother's business was not justifiable.
Procedural posture
Creditor bank filed an adversary complaint against chapter 13 debtor, to determine the dischargeability, pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(2)(B), of partially secured debt owed to the bank based on informal, long-term renewal loans.
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Kreps v. Illinois Dept of Healthcare (In Kreps)
Jul
13
2011
Ruling
Res judicata did not bar claim for postpetition interest on priority claim for back child support.
Procedural posture
Plaintiffs, Chapter 13 debtors, filed an adversary complaint against defendant Illinois Department of Healthcare and Family Services (DHFS) alleging that the res judicata effect of their confirmed plan under 11 U.S.C.S. § 1327(a) barred the DHFS's claim for postpetition interest that accrued on the priority claim for back child support.
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Court
:
- 11 U.S.C.
Rafool v. Fifth Day Peoria LLC (In re Westbay)
Jul
11
2011
Ruling
Payment of proceeds of sale of debtor's member interest in LLC to creditor with security interest on the member interest was not a fraudulent transfer.
Procedural posture
Chapter 7 trustee sued defendant, a limited liability company (LLC), to avoid and recover a $50,000 transfer either as a preference or a fraudulent conveyance. Before the court was the LLC's amended motion for summary judgment.
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Court
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