- FRBP
Sun Enters. v. May (In re May)
Jul
09
2014
Ruling
Debtor's subpoena of out-of-state corporate vice-president quashed.
Issue(s)
Was debtor able to subpoena a corporate executive whose residence and place of employment were out of state?
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Court
:
- 11 U.S.C.
In re Kohler
Jun
27
2014
Ruling
Trustee's motion to approve payment of personal injury settlement to debtor denied as premature.
Issue(s)
Should trustee's motion for payment of personal injury settlement to debtor be granted?
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Court
:
4MHC Assocs. v. Miller (In re Miller)
Apr
22
2014
Ruling
Default against debtor in adversary proceeding denied due to improper service of summons and complaint.
Issue(s)
Should a default judgment be entered against debtor who failed to respond to or appear in adversary proceeding?
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Court
:
- 11 U.S.C.
Lee v. Walro (In re Lee)
Mar
31
2014
Ruling
Bankruptcy court erred in ordering turnover of debtor and non-debtor spouse's joint tax refund based on erroneous application of the "50/50 rule."
Issue(s)
Whether the bankruptcy court erred in granting a chapter 7 trustee's motion for turnover of a joint tax refund belonging to the debtor and his non-bankruptcy filing wife.
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Court
:
- 11 U.S.C.
Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC)
Mar
26
2014
Ruling
Equitable tolling applied due to trustee's inability to obtain information about fraudulent transfer claim.
Issue(s)
Did equitable tolling apply to allow trustee to file an untimely complaint in a fraudulent conveyance proceeding?
ABI Membership is required to access the full summary of Freeland v. CPA Warehouse (In re Livemercial Aviation Holding LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Target Distrib. v. Wesolowski (In re Wesolowski)
Mar
18
2014
Ruling
Debt based on debtor's embezzlement was nondischargeable as to debtor but not as to spouse who lacked fraudulent intent.
Issue(s)
Was a debt for embezzlement confessed to by debtor, who signed a restitution agreement, nondischargeable as to both the debtor and debtor's spouse, who admitted to receiving benefit from the embezzled funds?
ABI Membership is required to access the full summary of Target Distrib. v. Wesolowski (In re Wesolowski) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Korti v. A.W. Holdings LLC
Feb
26
2014
Ruling
Debtor employee not precluded from bringing undisclosed lawsuit against employer where failure to disclose the right of action in bankruptcy was not in bad faith.
Issue(s)
Was debtor estopped from bringing claim against employer that was not disclosed in prior bankruptcy filing?
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Court
:
- 11 U.S.C.
Smith v. Smith (In re Smith)
Feb
25
2014
Ruling
Debt related to evicted debtor's failure to maintain premises was dischargeable.
Issue(s)
Did debtor owe landlord mother-in-law a nondischargeable debt due to leaving premises with large amounts of garbage, three damaged garage doors, a dented steel entry door with a damaged frame, a broken interior bi-fold door, missing kitchen cabinet doors and drawers, six door panels missing with broken locks, insulation ripped from some walls, holes in interior walls, a missing stairway banister, carpet that was saturated with animal urine and feces, damage to half of the electric sockets, damaged soffits and rotted food in a freezer that had been unplugged?
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Court
:
- 11 U.S.C.
In re Wheeler
Dec
18
2013
Ruling
Case dismissed due to nondisclosure of Social Security disability award and postpetition receipt of Social Security benefits.
Issue(s)
Should case be dismissed due to debtors' failure to disclose substantial changes in postconfirmation income due to Social Security disability award and subsequent receipt of benefits.
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Court
:
- 11 U.S.C.
In re Johnson
Dec
12
2013
Ruling
Case ordered converted or dismissed due to debtor's eligibility for chapter 13 after disallowance of car payment.
Issue(s)
Should case be converted or dismissed for abuse based on totality of circumstances.
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Court
: