- 11 U.S.C.
In re Norwood
Oct
05
2009
Ruling
State tax refund but not prepetition earned income tax credit was subject to turnover.
Procedural posture
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.
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Court
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In re Rogan
Jul
23
2009
Ruling
Modification of stay to proceed against property allegedly fraudulently transferred to debtor denied.
Procedural posture
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.
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Court
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In re Rogan
Jul
15
2009
Ruling
Extension of stay agreed to by the debtor and creditors was valid and remained in effect and prevented dismissal.
Procedural posture
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).
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Court
:
In re Jenkins
Jul
01
2009
Ruling
Debtor could employ special counsel to pursue prepetition action concerning property of the estate.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Gouveia v. Cahilane (In re Cahilane)
Jun
11
2009
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.
Procedural posture
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.
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Court
:
In re Jongsma
Mar
25
2009
Ruling
Confirmation denied as debtor's failure to disclose time share interests was evidence the petition was filed in bad faith.
Procedural posture
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.
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Court
:
Gouveia v. TC Invs. LLC (In re Cahillane)
Mar
11
2009
Ruling
Transfer of property at issue in contested adversary proceeding enjoined.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Watson
Mar
11
2009
Ruling
Alleged domestic support order split into unsecured priority and general unsecured claims due to dubious documentation.
Procedural posture
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.
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Court
:
In re Mitich
Nov
20
2008
Ruling
Debtor barred from refiling for two years due to repetetive filings in disregard of bankruptcy system.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's case and for an injunction against refiling.
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Court
:
In re Mitich
Oct
15
2008
Ruling
Debtor barred from filing bankruptcy cases for two years after violating previous prohibitions.
Procedural posture
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.
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Court
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