Skip to main content

Page Banner(Taxonomy)

judge coachys

Fry v. Maxim Global Inc. (In re Maxim Truck Co.)

Feb
17
2009
Ruling
Avoidability proceeding dismissed with respect to transactions outside preference period.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, related entities and the principal of the entities, alleging that the entities' security interest in a bankruptcy debtor's assets, and the assumption and subsequent sale of the assets, were avoidable as preferential or fraudulent transfers. The entities and the principal moved to dismiss certain claims asserted in the trustee's amended complaint as untimely.

ABI Membership is required to access the full summary of Fry v. Maxim Global Inc. (In re Maxim Truck Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 17, 2009 , LexisNexis #0409-138
LexisNexis Article
Learn More

In re Smith

Sep
10
2008
Ruling
Settlement of debtor's discrimination action against former employer approved.
Procedural posture

The chapter 7 trustee filed a motion to compromise and settle the debtor's discrimination claim against his former employer. In the underlying lawsuit, the debtor, along with numerous co-plaintiffs, alleged, inter alia, that the employer's use of a written test known as the work competency assessment to screen employees for inter-division transfers and promotions violated Title VII of the Civil Rights Act of 1964.

ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 10, 2008 , LexisNexis #1208-105
LexisNexis Article
Learn More

Dunlap v. K.L. Properties LLC (In re Wasp Precision Mach. Inc.)

May
01
2008
Ruling
Transfer of proceeds of auction of debtor's equipment machinery from original seller of assets to LLC to pay back rent was avoidable.
Procedural posture

Plaintiff, a chapter 7 trustee, filed an action against defendant, a limited liability company (LLC), for the return of funds paid to the LLC, pursuant to 11 U.S.C.S. § 547(b). The court issued findings of fact and conclusions of law.

ABI Membership is required to access the full summary of Dunlap v. K.L. Properties LLC (In re Wasp Precision Mach. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 01, 2008 , LexisNexis #0608-080
LexisNexis Article
Learn More

Gresk v. Adams Removal & Hauling Inc. (In re American Restoration Corp.)

Apr
28
2008
Ruling
Letter outlining "net 30 days" invoicing treatment did not support ordinary course of business defense to avoidance where invoices clearly stated "due on receipt."
Procedural posture

Chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid certain transfers from the debtor as preferential under 11 U.S.C.S. § 547(b). The only issue was whether the transfers were excepted from avoidance pursuant to the "ordinary course" defense under 11 U.S.C.S. § 547(c)(2) and in particular, whether the transfers were made "according to ordinary business terms" within the meaning of § 547(c)(2)(C).

ABI Membership is required to access the full summary of Gresk v. Adams Removal & Hauling Inc. (In re American Restoration Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 28, 2008 , LexisNexis #0608-138
LexisNexis Article
Learn More

In re Turner

Mar
27
2008
Ruling
Debtor who intended to surrender residence was entitled to deduct mortgage payments from disposable income calculation.
Procedural posture

A trustee objected to confirmation of a debtor's chapter 13 plan on the ground that it did not meet the "disposable income" or "good faith" tests of 11 U.S.C.S. § 1325.

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

Consumer opinion summary, case decided on March 27, 2008 , LexisNexis #0408-093
LexisNexis Article
Learn More

Thompson v. CitiMortgage Inc. (In re Thompson)

Feb
22
2008
Ruling
Debtor could seek damages for emotional distress due to creditor's stay violation.
Procedural posture

Defendant creditors filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff debtor's complaint for damages for emotional distress, pursuant to 11 U.S.C.S. § 362(h), based on a violation of the automatic stay and the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.S. § 2605.

ABI Membership is required to access the full summary of Thompson v. CitiMortgage Inc. (In re Thompson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 22, 2008 , LexisNexis #0408-027
LexisNexis Article
Learn More

In re Delbecq

Apr
26
2007
Ruling
Debtor's student loan payments constituted "special circumstances" rebutting presumption of abuse.
Procedural posture

Debtor represented on the face of Official Form B22A that the "presumption of abuse" had arisen in her case because, according to the means test, she had disposable income of approximately $306 per month. Based on that representation, the U.S. Trustee filed a Motion to Dismiss pursuant to 11 U.S.C. § 707(b).

ABI Membership is required to access the full summary of In re Delbecq Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 26, 2007 , LexisNexis #0607-048
LexisNexis Article
Learn More

In re Afolabi

Jun
02
2006
Ruling
Debtor's case was dismissed due to failure to satisfy credit counseling requirement.
Procedural posture

Debtor filed a chapter 13 bankruptcy petition. The issue before the bankruptcy court was whether the debtor had complied with the requirements of 11 U.S.C. § 109(h).

ABI Membership is required to access the full summary of In re Afolabi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 02, 2006 , LexisNexis #0706-001
LexisNexis Article
Learn More
Subscribe to %1