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In re Champ Car World Series LLC

Oct
10
2008
Ruling
Law firm that had previously represented a creditor did not have an adverse interest to the estate and could be employed by trustee.
Procedural posture

The creditors objected to a trustee's application to employ a law firm as special counsel (SC), pursuant to 11 U.S.C.S. § 327(a), for the specific purpose of investigating and prosecuting potential bankruptcy estate claims against the chapter 11 debtors' insiders.

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Commercial opinion summary, case decided on October 10, 2008 , LexisNexis #0109-039
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In re Lacy

Aug
28
2008
Ruling
2008 economic stimulus payment was in the nature of a refund on 2007 taxes and was property of the estate.
Procedural posture

The chapter 7 Trustee filed a motion for turnover of the debtors' economic stimulus rebate (ESR) that they received pursuant to the Economic Stimulus Act of 2008 (2008 Act), Pub. L. No. 110-185, 122 Stat. 613, which amended 26 U.S.C.S. § 6428.

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Consumer opinion summary, case decided on August 28, 2008 , LexisNexis #1008-010
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In re Smith

Aug
28
2008
Ruling
Economic stimulus rebate was estate property where right to the rebate arose prior to petition date.
Procedural posture

The debtors filed for chapter 7 bankruptcy protection after the Economic Stimulus Act (2008 Act), Pub. L. No. 110-185, 122 Stat. 613 (2008), became effective. The chapter 7 trustee filed a motion for turnover of the debtors' economic stimulus rebate (ESR). Pursuant to the bankruptcy court's request, the IRS filed an amicus brief.

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Consumer opinion summary, case decided on August 28, 2008 , LexisNexis #1008-044
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In re Myers

Jun
13
2008
Ruling
Inclusion of negative equity did not destroy purchase money character of "910 vehicle" loan.
Procedural posture

Debtor filed a chapter 13 case within 910 days of the date on which she had bought a new car using dealer financing. The loan and the resulting security interest were assigned to the creditor, which filed a $25,101 proof of claim. When debtor proposed a plan that provided a $15,000 secured claim and crammed down the balance, the creditor objected on the basis that such treatment was improper under 11 U.S.C.S. § 1325(a) and 11 U.S.C.S. § 506.

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Consumer opinion summary, case decided on June 13, 2008 , LexisNexis #0908-056
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Mitchem v. House (In re House)

Mar
14
2008
Ruling
Wrongful death judgment did not include findings on intent or willfulness and was dischargeable.
Procedural posture

Plaintiff judgment creditor filed an action against defendant debtor to determine the dischargeability of a civil judgment owed to the creditor by the debtor. The creditor claimed that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(6). The court held a trial on the matter, and issued findings of facts and conclusions of law.

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Consumer opinion summary, case decided on March 14, 2008 , LexisNexis #0408-113
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In re Springirth

Feb
29
2008
Ruling
Case ordered converted or dismissed where married above median debtor filing singly had sufficient disposable income to fund plan.
Procedural posture

A debtor filed for relief under chapter 7 of the United States Bankruptcy Code. The United States Trustee filed a motion to dismiss the case, pursuant to 11 U.S.C.S. § 707(b)(2) or (3).

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Consumer opinion summary, case decided on February 29, 2008 , LexisNexis #0408-085
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In re Parsons

Nov
17
2006
Ruling
Post-petition earnings remaining in debtors'possession or control on conversion date were estate property subject to lowest intermediate balance rule.
Procedural posture

The debtors filed for relief under chapter 13, and the matter was converted to a proceeding under chapter 7. The chapter 7 trustee filed a motion for turnover to the estate the value of the funds that the debtors had in a bank account at the time that the chapter 13 proceeding was filed.

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opinion summary, case decided on November 17, 2006 , LexisNexis #0107-087
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