- 11 U.S.C.
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).
ABI Membership is required to access the full summary of City of Kankakee v. Whitlow (In re Whitlow) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Swartz v. Billingsley (In re Billingsley)
Mar
06
2006
Ruling
Trustee was not allowed to seek turnover of assets from a non-debtor corporation of which the debtor was the sole shareholder.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary complaint for accounting and turnover of funds naming the debtor, the debtor's ex-spouse, and a corporation as defendants. The debtor and his ex-spouse were the sole shareholders of the corporation. The complaint sought a turnover of assets from the corporation. The debtor and the corporation moved for summary judgment.
ABI Membership is required to access the full summary of Swartz v. Billingsley (In re Billingsley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Fetlas Trading Post Inc. v. Granet (In re Fetlas Trading Post Inc.)
Mar
02
2006
Ruling
Court granted debtors partial summary judgment against all but one defendant in an adversary proceeding by finding transfers to these defendants to be avoidable preferential transfers.
Procedural posture
Plaintiffs, chapter 11 debtors, filed an adversary proceeding against six defendants, three financial companies and three individuals, alleging inter alia, (Count I) preferential payments pursuant to 11 U.S.C. § 547(b), (Count II) fraudulent transfers under 11 U.S.C. § 548. The matters were before the court on one of the individual defendant's motion to withdraw admissions, and on debtors'motion for partial summary judgment on Counts I and II.
ABI Membership is required to access the full summary of Fetlas Trading Post Inc. v. Granet (In re Fetlas Trading Post Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Eichhorn
Feb
28
2006
Ruling
Court ruled that a trustee could not use property transfer avoidance powers against a claimed exemption in real estate held in tenancy by the entirety by joint debtors.
Procedural posture
Respondent debtors, who filed a joint petition seeking relief under chapter 7, claimed an exemption in real estate held in tenancy by the entirety. Movant trustee opposed the exemption.
ABI Membership is required to access the full summary of In re Eichhorn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Jumers Castle Lodge Inc. v. Jumer (In re Jumers Castle Lodge)
Feb
27
2006
Ruling
Asset transfer was deemed valid and not fraudulent since debtor received reasonably equivalent value for assets conveyed to the shareholder.
Procedural posture
Appellant creditors'committee sought review of a bankruptcy court opinion granting summary judgment in favor of appellee shareholder with respect to the committee's effort to have an asset transfer between the debtor company and the shareholder voided pursuant to 11 U.S.C. § 544(b) because it was allegedly fraudulent under the Illinois Uniform Fraudulent Transfer Act ("IUFTA"), 740 Ill. Comp. Stat. 160/1 et seq.
ABI Membership is required to access the full summary of Jumers Castle Lodge Inc. v. Jumer (In re Jumers Castle Lodge) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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.
ABI Membership is required to access the full summary of Richardson v. Terry Bullock Garages Inc. (In re Bullock Garages) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ostlund v. Isfan (In re Isfan)
Feb
22
2006
Ruling
Debt was deemed nondischargeable due to the debtor's intent to defraud.
Procedural posture
Plaintiff, the victim of defendant debtor's misrepresentations, brought an adversary complaint against debtor, the president of a construction company, pursuant to 11 U.S.C. § 523(a)(2)(A). The matter was before the court for decision.
ABI Membership is required to access the full summary of Ostlund v. Isfan (In re Isfan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
I.H. Miss. Valley Credit Union v. Lindquist (In re Lindquist)
Feb
15
2006
Ruling
Debtor's credit card debt was deemed nondischargeable, but debtor's loan debt was deemed dischargeable since the creditor relied on the debtor's standing as a good customer rather than on any misstatements.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor obtained a loan and a credit card account from the creditor based on materially false statements in credit applications, and thus the debts were not dischargeable under 11 U.S.C. § 523(a)(2)(B). The bankruptcy court conducted a trial.
ABI Membership is required to access the full summary of I.H. Miss. Valley Credit Union v. Lindquist (In re Lindquist) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Merritt v. Rizzo (In re Rizzo)
Jan
27
2006
Ruling
Court held that a defamation judgment against the debtor was dischargeable since the debtor believed the debtor's statement was true and thus did not inflict a willful and malicious injury.
Procedural posture
In defendant debtor's chapter 11 proceeding, plaintiff creditor filed an adversary complaint against the debtor alleging that the state court defamation judgment the creditor had obtained against the debtor was non-dischargeable under 11 U.S.C. § 523(a)(6). The matter was tried before the court.
ABI Membership is required to access the full summary of Merritt v. Rizzo (In re Rizzo) 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 Slocum Lake Drainage Dist.
Jan
19
2006
Ruling
Debtor's case was dismissed since the debtor was not authorized under Illinois law to file a petition under chapter 9.
Procedural posture
The debtor, a county drainage district located in the State of Illinois petitioned for bankruptcy relief pursuant to chapter 9. The movant creditor sought dismissal of the petition pursuant to 11 U.S.C. § 921(c), because it contended that the debtor was not authorized under Illinois law to file a petition under chapter 9, as required by 11 U.S.C. § 109(c)(2).
ABI Membership is required to access the full summary of In re Slocum Lake Drainage Dist. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: