- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
:
- FRBP
Miller v. KeyBank Natl Assn (In re Schwartz)
Aug
15
2008
Ruling
Default in avoidance proceeding set aside on basis of improper service on creditor bank.
Procedural posture
A chapter 13 trustee filed a Fed. R. Bankr. P. 7055 motion for default judgment on an adversary complaint to avoid a lien, pursuant to 11 U.S.C.S. § 544. Defendant bank filed a motion to set aside the entry of default and for a hearing.
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Court
:
French v. St. Ritas Medical Ctr.
Aug
12
2008
Ruling
Right of action for unauthorized disclosure of information by hospital arose postpetition and was not property of the estate.
Procedural posture
Plaintiff, the bankruptcy trustee of the estate of the debtor, asserted claims arising from unprivileged and unauthorized disclosure of medical treatments provided to the debtor by the defendant hospital, a creditor, where the disclosure was made in the claim filed by the creditor against the debtor's estate. The creditor moved to dismiss for the claim for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).
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Court
:
- 11 U.S.C.
In re Scott
Jul
28
2008
Ruling
Clerk did not have discretion regarding automatic dismissal of case upon debtor's failure to timely file statements and schedules.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. The petition was dismissed because of the debtors' failure to file the documents required by 11 U.S.C.S. § 521(a)(1). The debtors filed a motion to reinstate the chapter 13 petition.
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Court
:
- 11 U.S.C.
Galmore v. Dykstra
Jul
25
2008
Ruling
Creditor's failure to recall bench warrant which led to debtor's arrest at section 341 meeting violated stay.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant judgment creditor for violation of the automatic stay of 11 U.S.C.S. § 362, seeking damages, costs of the action, and an order specifically enjoining the creditor from any further action in violation of § 362.
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Court
:
- 11 U.S.C.
Radcliffe v. International Painters and Allied Trades Indus. Pension Fund
Jul
08
2008
Ruling
Damages properly assessed against creditor union pension fund for withholding benefits from debtor in violation of stay.
Procedural posture
Appellant, a creditor of appellee chapter 7 debtor, appealed a decision of the U.S. Bankruptcy Court for the Northern District of Indiana, which held that the creditor had violated the automatic stay of 11 U.S.C.S. § 362 and dered the creditor to pay the debtor compensatory damages, interest, punitive damages, and attorneys fees.
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Court
:
- 11 U.S.C.
In re Murdock
Jul
08
2008
Ruling
Unopposed motion to avoid liens impairing exemption denied where the exemption had not been claimed by debtor.
Procedural posture
A bankruptcy debtor moved pursuant to 11 U.S.C.S. § 522(f)(1) to avoid judicial liens, alleging that the liens impaired the debtor's exemption in real estate. The lienholders did not object to the motion.
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Court
:
- 11 U.S.C.
In re Lommatzsch
Jul
08
2008
Ruling
Unopposed motion to avoid liens allegedly impairing exemptions denied due to insufficient supporting information.
Procedural posture
A bankruptcy debtor moved to avoid judicial liens pursuant to 11 U.S.C.S. § 522(f)(1), alleging that the liens impaired the debtor's exemption in residential real estate. The lienholders did not object to the motion.
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Court
:
- 11 U.S.C.
In re Wilson
Jun
17
2008
Ruling
Debtor's chapter 13 case properly dismissed where earlier converted chapter 7 case was still pending for asset administration purposes.
Procedural posture
The court considered sua sponte whether debtor's chapter 13 case was properly dismissed. At issue was whether debtor, who had filed a chapter 13 (Case 1) that had been converted to a chapter 7 and in which a discharge had been granted but which was still pending for purposes of asset administration, was entitled to file a new chapter 13 (Case 2) despite the rule articulated by the U.S. Court of Appeals for the Seventh Circuit in In re Sidebottom.
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Court
: