Judge Perkins

In re Central Ill. Energy LLC

The assignee of two alleged executory contracts with a chapter 11 debtor objected to the proposed assumption and assignment, pursuant to 11 U.S.C.S. § 365, of the contracts by the debtor.
Ruling: 
Contracts not terminated by petition date were executory and could be assumed and assigned.
ABI Membership is required to access the full summary of In re Central Ill. Energy LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 11,2008, LexisNexis #1108-114

In re Zapata

A debtor filed a motion to avoid a creditor's judgment lien. The debtor filed his chapter 13 petition after judgment was entered in favor of the creditor and did not address the judgment lien in the Chapter 13 Plan.
Ruling: 
Lien avoided to the extent it impaired debtor's homestead exemption but not avoided as to interest of nondebtor spouse.
ABI Membership is required to access the full summary of In re Zapata. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 26,2008, LexisNexis #1108-076

In re Smith

The U.S. Trustee filed a motion to dismiss debtors' chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(1) and (b)(2), asserting that one debtor's loans from his retirement savings plan were not secured debts or a special circumstance so as to defeat the presumption of abuse that otherwise arose.
Ruling: 
401(k) plan loans were not secured debts for which repayment was required or special circumstances.
ABI Membership is required to access the full summary of In re Smith. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 20,2008, LexisNexis #0708-123

Geiger v. IRS (In re Geiger)

Debtors, a married couple, filed a complaint against defendant IRS for a determination that the husband's tax liabilities for 1993, 1995, 1997, and 1998 and the couple's joint obligations for 2000 and 2001 were properly discharged. The IRS opposed the claim on the ground that debtor husband had willfully attempted to defeat or evade payment of taxes within the meaning of 11 U.S.C.S. § 523(a)(1)(C) but offered no evidence as to the wife.
Ruling: 
Debtor's IRS liability was dischargeable although debtor spouse's liability was nondischargeable due to willful avoidance attempts.
ABI Membership is required to access the full summary of Geiger v. IRS (In re Geiger). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 28,2008, LexisNexis #0608-007

Gamble v. Vanderbilt Univ. (In re Gamble)

Plaintiff debtor sought a determination that her debt to defendant university did not constitute a nondischargeable debt under 11 U.S.C.S. § 523(a)(8). Both parties sought summary judgment.
Ruling: 
Student account guarantor agreement with university was not a nondischargeable student loan.
ABI Membership is required to access the full summary of Gamble v. Vanderbilt Univ. (In re Gamble). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0408-083

In re White

The debtors filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed chapter 13 plan. A standing chapter 13 trustee objected to the plan, claiming that the debtors' claimed deduction for a car that the owned free and clear was not allowed under 11 U.S.C.S. § 707 and the plan failed to meet the minimum threshold standard set forth in 11 U.S.C.S. § 1325.
Ruling: 
Debtors could claim deduction for vehicle owned free and clear.
ABI Membership is required to access the full summary of In re White. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 28,2008, LexisNexis #0308-124

In re Sharpe

A debtor filed his third chapter 13 petition in 18 months. Pursuant to 11 U.S.C.S. § 362(c)(3), because of the pendency of the debtor's second case within one year of the third case, the automatic stay terminated on the 30th day following the third filing. The debtor filed a motion to extend the automatic stay, and the creditor opposed the motion and moved to modify the stay to continue its foreclosure action.
Ruling: 
Extension of stay in debtor's third case in eighteen months denied due to failure to rebut presumption of bad faith.
ABI Membership is required to access the full summary of In re Sharpe. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0308-111

In re Frank

Chapter 13 debtors sought disgorgement of the $ 2,000 in attorney fees paid to the law firm they hired to represent them in their bankruptcy.
Ruling: 
Debtor's attorneys ordered to disgorge fees due to failure to list county treasurer on matirx or take action to prevent tax sale.
ABI Membership is required to access the full summary of In re Frank. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 05,2008, LexisNexis #0308-096

Higgins v. Harn (In re Harn)

Plaintiff, defendant debtor's former spouse, filed an adversary proceeding seeking a determination that the debtor's obligations to indemnify and hold him harmless from liability for certain debts were nondischargeable pursuant to 11 U.S.C. § 523(a)(15). The former spouse moved for judgment on the pleadings.
Ruling: 
New liability created by divorce decree settlement was nondischargeable.
ABI Membership is required to access the full summary of Higgins v. Harn (In re Harn). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 10,2008, LexisNexis #0308008

Covey v. Hackett (In re Roadrunner Delivery Inc.)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant, a corporate debtor's sole shareholder, claiming that $6,753.95 in payments the debtor made to the shareholder were fraudulent and should be avoided under 11 U.S.C. § 548(a)(1)(B). The shareholder filed a motion to dismiss the trustee's complaint.
Ruling: 
Prepetition claim discharged in shareholder's bankruptcy could not be subject of avoidance proceeding in bankruptcy of the corporation.
ABI Membership is required to access the full summary of Covey v. Hackett (In re Roadrunner Delivery Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 19,2007, LexisNexis #0108-076

Pages

Subscribe to Judge Perkins