Judge Klingenberger

In re Norwood

Chapter 7 trustee filed a motion for turnover directed to the balance in the debtor's bank account representing an earned income credit received by the debtor and an Indiana income tax refund. The debtor filed a timely objection to the motion for turnover.
Ruling: 
State tax refund but not prepetition earned income tax credit was subject to turnover.
ABI Membership is required to access the full summary of In re Norwood. 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 October 05,2009, LexisNexis #1109-052

In re Rogan

The United States and a creditor obtained judgments against the spouse of a bankruptcy debtor and asserted that property scheduled as property of the debtor's estate was fraudulently transferred to the debtor by the spouse or was held by the debtor merely as a nominee or alter ego. The government and the creditor moved to modify the automatic bankruptcy stay to permit collection actions against the spouse involving the property to proceed.
Ruling: 
Modification of stay to proceed against property allegedly fraudulently transferred to debtor denied.
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
Consumer case opionion summary, case decided on July 23,2009, LexisNexis #0909-076

In re Rogan

A debtor filed for relief under chapter 13 of the Bankruptcy Code. The United States, on behalf of the Internal Revenue Service (IRS) filed a motion to dismiss. In earlier proceedings the court had granted relief from the automatic stay to a creditor and the government, pursuant to 11 U.S.C.S. § 362(d).
Ruling: 
Extension of stay agreed to by the debtor and creditors was valid and remained in effect and prevented dismissal.
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
Consumer case opionion summary, case decided on July 15,2009, LexisNexis #0809-112

In re Jenkins

A chapter 13 debtor filed a petition to employ special counsel to pursue a pre-petition action constituting property of the chapter 13 bankruptcy estate.
Ruling: 
Debtor could employ special counsel to pursue prepetition action concerning property of the estate.
ABI Membership is required to access the full summary of In re Jenkins. 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 01,2009, LexisNexis #0809-001

Gouveia v. Cahilane (In re Cahilane)

Chapter 7 trustee filed an adversary proceeding against defendant corporate transferee and debtor's brother, seeking to recover certain transfers pursuant to 11 U.S.C.S. §§ 547(b), 548(a)(1)(A) and (B), and 550(a). The trustee also sought to pierce the corporate veil to hold the brother liable for transfers made to the corporation. The court held a trial.
Ruling: 
Transfers to debtor's brother who then transferred funds to corporation were not avoidable as brother did not benefit nor was corporation his alter ego.
ABI Membership is required to access the full summary of Gouveia v. Cahilane (In re Cahilane). 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 June 11,2009, LexisNexis #0909-105

In re Jongsma

A creditor objected to confirmation of the debtor's chapter 13 plan under 11 U.S.C.S. § 1325(a)(3), (4), (7), asserting that the plan provided less distribution to unsecured claims than liquidation, that the plan was not proposed in good faith, and that the debtor did not file the bankruptcy petition in good faith.
Ruling: 
Confirmation denied as debtor's failure to disclose time share interests was evidence the petition was filed in bad faith.
ABI Membership is required to access the full summary of In re Jongsma. 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 25,2009, LexisNexis #0509-131

In re Watson

After claimant filed a claim in debtors' chapter 7 case ostensibly reflecting a unsecured priority claim (UPC) per 11 U.S.C.S. § 507(a)(1) that was a "domestic support obligation" within the meaning of 11 U.S.C.S. § 101(14A) in favor of claimant, the trustee objected. The trustee proposed, however, to allow the challenged amount as a general unsecured claim and did not object to the designation of other amounts as a priority claim.
Ruling: 
Alleged domestic support order split into unsecured priority and general unsecured claims due to dubious documentation.
ABI Membership is required to access the full summary of In re Watson. 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 11,2009, LexisNexis #0409-077

Gouveia v. TC Invs. LLC (In re Cahillane)

Chapter 7 trustee brought an adversary proceeding against defendants. Among other Counts, Count I sought injunctive relief pursuant to 11 U.S.C.S. § 105(a). Count II sought a declaratory judgment as to property interests of the bankruptcy estate. Count III sought to pierce a corporate veil. Defendants moved to reject executory contract or in the alternative to lift the automatic stay. Defendants moved for summary judgment.
Ruling: 
Transfer of property at issue in contested adversary proceeding enjoined.
ABI Membership is required to access the full summary of Gouveia v. TC Invs. LLC (In re Cahillane). 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 11,2009, LexisNexis #0409-065

In re Mitich

The chapter 13 trustee filed a motion to dismiss the debtor's case and for an injunction against refiling.
Ruling: 
Debtor barred from refiling for two years due to repetetive filings in disregard of bankruptcy system.
ABI Membership is required to access the full summary of In re Mitich. 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 November 20,2008, LexisNexis #0109-036

In re Mitich

A debtor filed a chapter 13 petition after two prior dismissal orders in bankruptcy cases prohibited the filing of other petitions under Title 11 of the United States Code.
Ruling: 
Debtor barred from filing bankruptcy cases for two years after violating previous prohibitions.
ABI Membership is required to access the full summary of In re Mitich. 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 October 15,2008, LexisNexis #1108-072

Pages

Subscribe to Judge Klingenberger