- 28 U.S.C.
In re Rogan
Mar
11
2010
Ruling
Transfer of venue to district where case related to debtor's rights in property was pending denied.
Procedural posture
Creditors moved to transfer venue of a bankruptcy debtor's chapter 11 bankruptcy case to an adjacent district where a district court collection proceeding was pending with regard to misconduct of the debtor's spouse which was related to the bankruptcy debtor's rights in property.
ABI Membership is required to access the full summary of In re Rogan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Rogan
Mar
11
2010
Ruling
Second motion for relief from stay to pursue federal court litigation against debtor granted subject to conditions.
Procedural posture
Before the court was a creditor's second motion to modify the 11 U.S.C.S. § 362(a) automatic stay.
ABI Membership is required to access the full summary of In re Rogan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Associated Pathologists of Munster Ind. PC v. Weichman (In re Weichman)
Mar
11
2010
Ruling
Actions by professional corporation against debtor and corporations owned by debtor remanded to state court due to lack of jurisdiction over debtor's corporations.
Procedural posture
Plaintiff professional corporation filed an action in the Superior Court of Lake County (Indiana) against defendants, a debtor and two corporations the debtor owned. Almost four years later, the debtor declared chapter 11 bankruptcy and removed the state-court action to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a). Plaintiff filed a motion for an order remanding the case to the state court.
ABI Membership is required to access the full summary of Associated Pathologists of Munster Ind. PC v. Weichman (In re Weichman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Tully v. Haughee (In re Haughee)
Mar
05
2010
Ruling
Mere mailing of summons in adversary proceeding to debtor was insufficient service given proof it was never received.
Procedural posture
Chapter 7 debtor filed an amended motion to vacate a judgment of default entered against him in an adversary proceeding initiated by plaintiff. At issue was whether the debtor was properly served pursuant to Fed. R. Bankr. P. 7004(b)(9).
ABI Membership is required to access the full summary of Tully v. Haughee (In re Haughee) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Turner
Feb
09
2010
Ruling
Adversary proceeding required in order for court to determine payoff amount of loan that was basis for secured creditor's claim.
Procedural posture
Movant, a chapter 13 debtor, asked the court to determine the payoff amount for a loan on which a secured creditor had based its claim. At issue was what the real nature of the motion was and whether it was properly decided using the procedural mechanism of a motion.
ABI Membership is required to access the full summary of In re Turner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Lazzaro v. Weichman (In re Weichman)
Jan
21
2010
Ruling
Nondischargeability complaint claiming inadequate information and misrepresentations in investment advice provided by debtor dismissed for lack of evidence.
Procedural posture
Plaintiff investors brought an adversary proceeding against defendant bankruptcy debtor alleging that debts to the investors were nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud, fiduciary defalcation, and willful and malicious injury. The debtor moved to dismiss the complaint for failure to state a claim.
ABI Membership is required to access the full summary of Lazzaro v. Weichman (In re Weichman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kelly
Jan
07
2010
Ruling
Debtor ordered to turn over 86% of tax refund.
Procedural posture
A chapter 7 trustee filed a motion for turnover, requesting turnover of 86 percent of a debtor's 2008 state and federal tax refunds. The debtor objected, claiming that his non-debtor spouse had a 50 percent interest in the tax refunds such that the entirety of the refunds did not constitute property of his estate under 11 U.S.C.S. § 541(a). The debtor also contended that tax preparation fees should be deducted from the amount subject to turnover.
ABI Membership is required to access the full summary of In re Kelly Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re TBR USA Inc.
Jan
07
2010
Ruling
Interim trustee would serve as trustee in case where trustee was not properly elected at creditors' meeting.
Procedural posture
This matter was before the court for a final decision concerning the disputed election of a chapter 7 Trustee.
ABI Membership is required to access the full summary of In re TBR USA Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Logal v. Great Lakes Higher Educ. Guar. Corp.
Jan
07
2010
Ruling
Finances of non-debtor spouse were relevant to determination of dischargeability of student loan debt.
Procedural posture
Plaintiff debtor objected to discovery requests from defendant creditor, a student loan lender, that sought information about the finances of the debtor's non-debtor husband.
ABI Membership is required to access the full summary of Logal v. Great Lakes Higher Educ. Guar. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sisters of St. Francis Health Servs. Inc. v. Woodhollow Loft Inc. (In re Woodhollow Loft Inc.)
Nov
16
2009
Ruling
Healthcare center's motion for relief from stay did not constitute a timely informal proof of claim.
Procedural posture
In this consolidated adversary proceeding/contested matter, the court was asked to determine whether plaintiff healthcare center or defendant debtor-in-possession, which operated a bar and grill, held controlling interests in a particular Indiana Alcoholic Beverage Permit. The court was also asked to determine whether the health center filed a timely claim in this chapter 11 case.
ABI Membership is required to access the full summary of Sisters of St. Francis Health Servs. Inc. v. Woodhollow Loft Inc. (In re Woodhollow Loft Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: