- 11 U.S.C.
Wischmeyer v. Bobinski (In re Bobinski)
Sep
09
2014
Ruling
Fee owed to guardian ad litem was not a nondischargeable domestic support obligation.
Issue(s)
Was debt for fees owed to guardian ad litem a nondischargeable domestic support obligation?
ABI Membership is required to access the full summary of Wischmeyer v. Bobinski (In re Bobinski) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC)
Mar
26
2014
Ruling
Equitable tolling applied due to trustee's inability to obtain information about fraudulent transfer claim.
Issue(s)
Did equitable tolling apply to allow trustee to file an untimely complaint in a fraudulent conveyance proceeding?
ABI Membership is required to access the full summary of Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Juarbe
Apr
29
2013
Ruling
Debtor could not modify plan to strip off or cram down second and third mortgages.
Procedural posture
Before the court was debtor's motion to postpone case closure until determination of secured status of creditor. A hearing was held with respect to the Motion.
ABI Membership is required to access the full summary of In re Juarbe Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling)
Jan
31
2013
Ruling
Use of adversary proceeding for finding of violation of discharge injunction was improper.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a health and racquet club, a law firm, and an attorney, claiming that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) by continuing collection activities against her with respect to a pre-petition debt that was discharged in bankruptcy. The law firm and the attorney filed a motion to dismiss.
ABI Membership is required to access the full summary of Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vancleef
Sep
28
2012
Ruling
Proofs of claim filed by trustee on behalf of non-filing creditors disallowed on debtor's objection.
Procedural posture
Several years after a bankruptcy debtor's case was closed, the case was reopened on the basis of a newly discovered potential asset, and the bankruptcy trustee filed proofs of claims on behalf of unsecured creditors listed in the debtor's schedules who did not file proofs of claim after notice pursuant to 11 U.S.C.S. § 501(c). The debtor objected to the claims asserted by the trustee.
ABI Membership is required to access the full summary of In re Vancleef Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Dubois v. IMBR Crane (In re Scott Fabricating Inc.)
Sep
28
2012
Ruling
Payment by debtor's general contractor to provider of crane was not a preferential transfer.
Procedural posture
Chapter 7 Trustee brought an adversary proceeding pursuant to 11 U.S.C.S. § 547(b), seeking to recover for the benefit of the estate an alleged preferential transfer received by a sub- subcontractor (hereafter, "defendant"). The matter was before the court for judgment.
ABI Membership is required to access the full summary of Dubois v. IMBR Crane (In re Scott Fabricating Inc.) 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 Cunningham
Aug
14
2012
Ruling
Mechanic's lien was statutory and could not be avoided as impairing debtors' homestead exemption.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and sought a determination that they were allowed under 11 U.S.C.S. § 522(f)(1)(A) to avoid a mechanic's lien which a creditor placed on their residence. The creditor opposed the debtor's motion, and the court held a hearing on the debtors' motion and the creditor's objection.
ABI Membership is required to access the full summary of In re Cunningham 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 Shell
Aug
14
2012
Ruling
Debtor who resided in an "opt out" state for majority of 180 day period before 730 day prepetition period could not elect federal exemptions.
Procedural posture
Chapter 7 trustee objected to the exemptions claimed by debtor.
ABI Membership is required to access the full summary of In re Shell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Heartland Mem. Hosp. LLC
Jun
21
2012
Ruling
Counsel's incorrect docketing of order date was not excusable neglect for purposes of allowing late filing of appeal.
Procedural posture
Defendant physician moved for dispensation, pursuant to Fed. R. Bankr. P. 8002(c)(2), to file a notice of appeal after the date upon which the notice was required to be filed by Fed. R. Bankr. P. 8002(a). The physician's counsel asserted that the notice of appeal was not timely filed due to her excusable neglect.
ABI Membership is required to access the full summary of In re Heartland Mem. Hosp. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Yoon v. Janeczyk (In re Scott)
Feb
24
2012
Ruling
Landlord ordered to turn over debtor's security deposit.
Procedural posture
Trustee brought an adversary proceeding against the landlord under a lease of real property to a debtor, seeking turnover of the debtor's security deposit which was held by the landlord.
ABI Membership is required to access the full summary of Yoon v. Janeczyk (In re Scott) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: