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
:
- FRBP
In re Davidson
Mar
09
2009
Ruling
Trustee's settlement of employment discrimination action approved over debtor's objection.
Procedural posture
A bankruptcy debtor failed to disclose an employment discrimination claim in the debtor's bankruptcy, and failed to disclose the bankruptcy in the discrimination action, in which action the district court capped the debtor's damages to amounts due to creditors in the bankruptcy case and administrative expenses. The bankruptcy trustee moved for approval of a settlement in the discrimination action, and the debtor objected to the settlement.
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Court
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In re Johnson
Mar
04
2009
Ruling
Case where plan was substantially consummated could be closed to avoid quarterly fees.
Procedural posture
A debtor filed a motion to close his chapter 11 bankruptcy case, subject to being reopened after the plan payments had been completed so that a discharge could be entered. The United States Trustee (UST) that the case should have remained open until the plan payments were completed.
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Court
:
- 11 U.S.C.
Garoutte v. Damax Inc.
Mar
03
2009
Ruling
Criminal conviction for conversion did not preclude debtor from contesting finding of nondischargeability.
Procedural posture
Debtor challenged a summary judgment award of the bankruptcy court for the Southern District of Indiana, arguing that collateral estoppel should not have precluded him from challenging the nondischargeability, under 11 U.S.C.S. § 523(a)(6), of his debt to appellee creditor based upon his state conviction for criminal conversion against the creditor under Ind. Code § 35-43-4-3.
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Court
:
In re Maxfield
Feb
19
2009
Ruling
Chapter 13 debtor's pospetition tax delinquency was not per se cause for dismissal.
Procedural posture
The United States, acting on behalf of the I.R.S., moved to dismiss the debtor's chapter 13 case for cause pursuant to former 11 U.S.C.S. § 1307(c) (amended 2005) based on the debtor's failure to pay postpetition federal income taxes for three tax years. The bankruptcy court held a hearing on the motion.
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Court
:
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.
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Court
:
In re Wright
Feb
17
2009
Ruling
Service of motion to redeem motor vehicle on creditor's "Bankruptcy Dept." was insufficient.
Procedural posture
The court previously granted, under 11 U.S.C.S. § 722, the debtor's motion to redeem a motor vehicle from a lien held by creditor by paying the creditor the sum of $ 1,000. The creditor filed a motion to set aside the court's order, arguing that it had not been properly served.
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Court
:
- FRBP
In re TP & J Corp.
Feb
13
2009
Ruling
Title company's purchase of claim from first lienholder in order to minimize impact of erroneous search on second lienor effected a valid assignment.
Procedural posture
Debtor filed an objection to creditor's claim.
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Court
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Boyer v. Simon (In re Fort Wayne Telsat Inc.)
Feb
12
2009
Ruling
Objection to proofs of claim overruled absent evidence of invalidity or value.
Procedural posture
Creditors sought summary judgment in an objection to their proofs of claim and/or request to determine the creditors' secured status filed by the holders of FCC licenses.
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Court
:
- 11 U.S.C.
LaPlante v. Hanselman (In re Hanselman)
Feb
09
2009
Ruling
Postpetition payments to debtor from closely held family business were subject to turnover.
Procedural posture
Trustee filed an adversary proceeding against a chapter 7 debtor and a closely-held family business, seeking an order under 11 U.S.C.S. § 542 requiring the debtor and the business to turn over property to the debtor's bankruptcy estate, forced redemption of the debtor's ownership interest in the business, and attorney fees.
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Court
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