Judge Klingenberger

ONeill v. Wells Fargo Bank N.A. (In re ONeill)

Chapter 13 debtors sought a determination that the mortgage of a creditor in certain real property owned by debtors did not constitute an allowed secured claim under the definition provided by 11 U.S.C.S. § 506(a) and was therefore not within the provisions of 11 U.S.C.S. § 1322(b)(2).
Ruling: 
Debt secured by property in which there was equity above priority claims could not be treated as unsecured.
ABI Membership is required to access the full summary of ONeill v. Wells Fargo Bank N.A. (In re ONeill). 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 03,2012, LexisNexis #0212-134

DDC & Assocs. v. White (In re White)

Plaintiff alleged creditors asserted that a debt allegedly owed by defendant debtor was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(14) and § 523(a)(14A).
Ruling: 
Alleged debt arising from creditor's payment of employment tax obligation for which debtor had no individual liability was dischargeable.
ABI Membership is required to access the full summary of DDC & Assocs. v. White (In re White). 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 16,2011, LexisNexis #0911-050

In re Luedtke

Before the court was a contested matter initiated by a creditor's objection to confirmation of debtor's proposed chapter 13 plan. The matter was a core proceeding pursuant to 28 U.S.C.S. § 157(b)(2)(L).
Ruling: 
Confirmation denied for lack of good faith due to debtor's failure to devote sufficient disposable income to plan and nondisclosures.
ABI Membership is required to access the full summary of In re Luedtke. 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 08,2011, LexisNexis #0511-102

In re Fox

A trustee who was appointed to administer a debtor's chapter 7 bankruptcy case asked the court to reopen the debtor's case and for permission to hire special counsel to resolve issues involving land the debtor owned. The court granted the trustee's motion, and the trustee subsequently asked the court to approve a compromise she negotiated, pursuant to Fed. R. Bankr. P. 9019. The debtor opposed the trustee's motion to compromise.
Ruling: 
Settlement of dispute involving debtor's land approved.
ABI Membership is required to access the full summary of In re Fox. 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 15,2011, LexisNexis #0411-104

In re Wright Group Inc.

A Chapter 11 debtor-in-possession filed an emergency motion for use of a bank's cash collateral. A hearing was held with respect to extended use of cash collateral. The general issue was whether the receipts derived by debtor from operation of its miniature golf course facility constituted "cash collateral" as defined by 11 U.S.C.S. § 363(a), so that debtor's use of those receipts was subject to § 363(c)(2). Judgment was pending.
Ruling: 
Cash receipts derived by debtor from patrons of its miniature gold course did not constitute cash collateral and could be used by debtor without court order.
ABI Membership is required to access the full summary of In re Wright Group 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 February 15,2011, LexisNexis #0311-042

In re West Coast Interventional Pain Med. Inc.

Debtors with the same controlling principal filed bankruptcy petitions in Indiana, and a judgment creditor moved to transfer venue of the bankruptcy cases to California where most of the debtors were incorporated, formerly conducted business, and were suspended from conducting business.
Ruling: 
Transfer of venue warranted both for the convenience of the parties and in the interests of justice due to location of creditors, witnesses and controlling law.
ABI Membership is required to access the full summary of In re West Coast Interventional Pain Med. 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 August 12,2010, LexisNexis #0910-063

In re Means

A bankruptcy debtor brought an action to rescind a mortgage obligation, the action was removed to federal district court, and the debtor then filed a bankruptcy petition. The bankruptcy court considered its jurisdiction over the action in view of a district court order which appeared to conclude that the case was already before the bankruptcy court.
Ruling: 
Bankruptcy court lacked jurisdiction over debtor's prepetition federal action to rescind mortgage
ABI Membership is required to access the full summary of In re Means. 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 August 04,2010, LexisNexis #0910-028

In re Kolodziej

Movant, a secured creditor and the successor mortgagee on the debtor's real property, brought an objection to the confirmation of the chapter 13 debtors' proposed plan, and a motion for relief from the automatic stay, or alternatively for abandonment of the real property, assertion that the proposed plan did not comply with 11 U.S.C.S. § 1325(a)(5) and (a)(6), due to asserted undervaluation of the debtors' real property.
Ruling: 
Confirmation denied due to undervaluation of property.
ABI Membership is required to access the full summary of In re Kolodziej. 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 July 02,2010, LexisNexis #0910-134

Boyer v. Trustees of Ind. Univ. (In re Fort Wayne Telsat Inc.)

Chapter 7 trustee and defendants in litigation concerning an FCC license for an educational broadband service station in which the debtor claimed an interest, submitted a joint motion to approve a settlement and compromise of the claims. A creditor filed a timely objection to the compromise, which gave rise to a contested matter pursuant to Fed. R. Bankr. P. 9014.
Ruling: 
Settlement of FCC license dispute approved.
ABI Membership is required to access the full summary of Boyer v. Trustees of Ind. Univ. (In re Fort Wayne Telsat 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 April 25,2010, LexisNexis #0810-070

Falk Engg & Surveying Inc. v. Luedtke (In re Luedtke)

In this adversary proceeding, plaintiff creditor filed a complaint asserting that the amount owed by defendant debtor to the creditor pursuant to a state court judgment should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The creditor argued that the doctrine of collateral estoppel applied.
Ruling: 
Collateral estoppel did not apply to nondischargeability proceeding where state court judgments did not satisfy fraud or larceny elements.
ABI Membership is required to access the full summary of Falk Engg & Surveying Inc. v. Luedtke (In re Luedtke). 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 02,2010, LexisNexis #0610-118

Pages

Subscribe to Judge Klingenberger