- 11 U.S.C.
Hunt v. Hunt (In re Hunt)
Oct
26
2010
Ruling
Debtor's negligence in choosing investments for trust did not amount to fiduciary defalcation so that any resulting debt was dischargeable.
Procedural posture
Debtor's son brought an adversary proceeding contending that debtor's decision to use trust funds for certain "investments" violated Indiana's Prudent Investor Act and constituted defalcation in a fiduciary capacity, resulting in an obligation that was nondischargeable under 11 U.S.C.S. § 523(a)(4). Judgment was pending.
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Court
:
- 28 U.S.C.
In re West Coast Interventional Pain Med. Inc.
Aug
12
2010
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.
Procedural posture
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.
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Court
:
In re Means
Aug
04
2010
Ruling
Bankruptcy court lacked jurisdiction over debtor's prepetition federal action to rescind mortgage
Procedural posture
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.
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Court
:
In re Kolodziej
Jul
02
2010
Ruling
Confirmation denied due to undervaluation of property.
Procedural posture
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.
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Court
:
- 28 U.S.C.
In re Khaja
Jun
09
2010
Ruling
Bankruptcy court abstained from hearing domestic relations action in which state law issues predominated.
Procedural posture
After claimant, a party to a domestic relations matter with debtor that was pending in a state superior court following remand from a state appellate court, filed a claim against debtor in his bankruptcy proceeding, debtor objected thereto. The court then considered sua sponte whether discretionary abstention pursuant to 28 U.S.C.S. § 1334(c)(1) was appropriate.
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Court
:
- 11 U.S.C.
In re Magallanes
May
13
2010
Ruling
Objection to plan sustained due to proposal to modify the terms of first mortgage lien secured only by debtor's principal residence.
Procedural posture
Debtor's chapter 13 case was before the court on an objection filed by a creditor to the confirmation of debtor's chapter 13 Plan. The objection asserted that the Plan violated 11 U.S.C.S. § 1322 in that it proposed to modify the terms of its first mortgage lien secured only by debtor's principal residence.
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Court
:
Sroge v. Sloan (In re Sroge)
May
06
2010
Ruling
Creditor violated stay by obtaining warrant for debtor's arrest.
Procedural posture
Chapter 13 debtor brought an adversary complaint against defendant creditor pursuant to 11 U.S.C.S. § 362(k) for an alleged violation of the automatic stay, in violation of 11 U.S.C.S. § 362(a).
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Court
:
- FRBP
Boyer v. Trustees of Ind. Univ. (In re Fort Wayne Telsat Inc.)
Apr
25
2010
Ruling
Settlement of FCC license dispute approved.
Procedural posture
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.
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Court
:
Falk Engg & Surveying Inc. v. Luedtke (In re Luedtke)
Apr
02
2010
Ruling
Collateral estoppel did not apply to nondischargeability proceeding where state court judgments did not satisfy fraud or larceny elements.
Procedural posture
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.
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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.
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Court
: