Buddha Air Ltd. V. Zietlow (In re Zietlow)
Jun
14
2011
Ruling
Debt was dischargeable absent evidence of knowingly false representations intended to deceive creditor.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud in failing to deliver aircraft starter generators for which the creditor paid the debtor's business.
ABI Membership is required to access the full summary of Buddha Air Ltd. V. Zietlow (In re Zietlow) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Herrin Clinic Ltd.
May
06
2011
Ruling
Debtors' attorneys' interim fees allowed with reduction for unopposed motions, excessive time charges and travel that did not benefit estate.
Procedural posture
Counsel of record for debtors in a bankruptcy case filed an amended application seeking interim attorney fees and reimbursement of expenses for a certain time period.
ABI Membership is required to access the full summary of In re Herrin Clinic Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Sykes
Apr
06
2011
Ruling
Untimely proofs of claim disallowed on trustee's objection.
Procedural posture
In separate Chapter 13 cases, bankruptcy debtors failed to list creditors on their schedules, and the creditors filed proofs of claim after the bar date for filing such claims under Fed. R. Bankr. P. 3002. The trustee objected to allowance of the creditors' claims.
ABI Membership is required to access the full summary of In re Sykes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Quality Meat Prods. LLC v. PorCo Inc. (In re PorCo Inc.)
Mar
30
2011
Ruling
Alleged fraudulent transfer could not be avoided where state statute of limitations had run.
Procedural posture
Plaintiff creditor brought a two-count adversary complaint against defendants, the debtor corporation and its principal, seeking, in part, to set aside a transfer of real property from 4 and a half years prior, pursuant to 11 U.S.C.S. § 544(b) and 740 ILCS 160/5(a), and under 11 U.S.C.S. § 548(e). Debtor and its principal moved to dismiss the complaint for failure to state a claim for relief.
ABI Membership is required to access the full summary of Quality Meat Prods. LLC v. PorCo Inc. (In re PorCo Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Great Lakes Pork Inc. v. CIT GroupBus. Credit Inc. (In re Meadowbrook Farms Coop.)
Jan
25
2011
Ruling
Action by vendor against debtor's lender and an officer of the debtor, alleging unjust enrichment, conspiracy and intentional misrepresentation remanded to state court as not arising under or related to debtor's bankruptcy.
Procedural posture
Plaintiff vendors filed a three-count complaint in state court against defendants, a lender of the debtor and an officer of the debtor, alleging unjust enrichment and conspiracy against the lender, and intentional misrepresentation against the officer. The officer removed the action to the court. A conspiracy claim against the officer was added.
ABI Membership is required to access the full summary of Great Lakes Pork Inc. v. CIT GroupBus. Credit Inc. (In re Meadowbrook Farms Coop.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re King
Oct
20
2010
Ruling
Postconfirmation modification of above median debtors' plan was subject to 60-month term requirement.
Procedural posture
Debtors' Second Amended Plan had been confirmed in 2006. Before the court was debtors' Third Amended Plan. The Chapter 13 Trustee objected.
ABI Membership is required to access the full summary of In re King Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Winkles
Jul
06
2010
Ruling
Unemployment compensation funds are not SSA payments and must be included in current monthly income calculation.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(2). The sole issue was whether unemployment compensation benefits received from the State of Illinois prior to filing bankruptcy were benefits received under the Social Security Act (SSA) and therefore excluded from the current monthly income calculation under 11 U.S.C.S. § 101(10A)(B).
ABI Membership is required to access the full summary of In re Winkles Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Walker
May
24
2010
Ruling
Debt was dischargeable as tender of dishonored checks by debtors, sole shareholders, officers and directors of a corporation, was not a false representation.
Procedural posture
Plaintiff, a petroleum wholesaler, brought an adversary complaint against defendant debtors, the sole shareholders, officers, and directors of a corporation, seeking to deny the discharge of debts for dishonored corporate checks used to purchase fuel pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B), and 523(a)(4).
ABI Membership is required to access the full summary of In re Walker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kirkland
May
20
2010
Ruling
Objection to amended plan that could have been raised prior to confirmation of original plan overruled as untimely.
Procedural posture
A secured creditor, which was a bank, objected to two debtors' proposed amended plan in their chapter 13 bankruptcy action.
ABI Membership is required to access the full summary of In re Kirkland Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Curtis
Apr
09
2010
Ruling
Confirmation necessarily established that plan was filed in good faith.
Procedural posture
A creditor objected to a bankruptcy debtor's chapter 13 plan and moved to dismiss the debtor's case based on lack of good faith. The debtor filed an amended plan which was confirmed without objection.
ABI Membership is required to access the full summary of In re Curtis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: