In re Minter-Higgins
Mar
23
2007
Ruling
Debtor not required to turn over amount of check and debit transfers issues prepetition but paid postpetition.
Procedural posture
A bankruptcy trustee sought turnover from the bankruptcy debtor under 11 U.S.C. § 542(a) of the amount of checks and debit transfers which the debtor issued prior to filing her bankruptcy petition, but which were not paid by the debtor's bank until after the petition was filed. The trustee moved to alter or amend the oral judgment of the bankruptcy court which denied the trustee's motion for turnover.
ABI Membership is required to access the full summary of In re Minter-Higgins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Fink
Mar
15
2007
Ruling
Adversary proceeding and motion for relief from stay did not constitute informal proof of claim.
Procedural posture
The matter was before the court in connection with the chapter 7 trustee's objection to a proof of claim filed by a claimant, debtor's ex-wife.
ABI Membership is required to access the full summary of In re Fink Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re OORC Leasing LLC
Jan
16
2007
Ruling
Bankruptcy court refused to reopen chapter 11 case to allow creditor to seek conversion to chapter 7.
Procedural posture
A creditor filed a motion to reopen the debtor's closed chapter 11 case, pursuant to 11 U.S.C. § 350(b), so that it could seek conversion to chapter 7.
ABI Membership is required to access the full summary of In re OORC Leasing LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gargula v. Thompson (In re Thompson)
Dec
04
2006
Ruling
Bankruptcy court properly struck chapter 13 petition which failed to allege that debtors had reecived timely credit counseling.
Procedural posture
The bankruptcy judge struck appellees', debtors, chapter 13 bankrputcy petition because debtors failed to allege in the petition that they had received credit counseling within 180 days of the filing as required by the Bankruptcy Act, 11 U.S.C. § 109(h)(1). Appellant United States Trustee moved the bankrputcy court to reconsider, but the bankruptcy court denied the motion to reconsider, and the trustee appealed.
ABI Membership is required to access the full summary of Gargula v. Thompson (In re Thompson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
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.
ABI Membership is required to access the full summary of In re Parsons Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Freeland v. Edison Corp. (In re Consol. Indus. Corp.)
Oct
31
2006
Ruling
Bankruptcy court properly avoided $30 million in dividend notes held by corporate debtor's parent.
Procedural posture
A corporate debtor filed an adversary proceeding against defendants, its corporate parent, a holding company, and five persons. The bankruptcy trustee was thereafter substituted as plaintiff. The parent appealed after the bankruptcy court entered a judgment against it. Although the bankruptcy court proposed to enter judgment in their favor, remaining defendants filed objections to its findings and holdings pursuant to Fed. R. Bankr. P. 9033.
ABI Membership is required to access the full summary of Freeland v. Edison Corp. (In re Consol. Indus. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Boyer v. Gildea
Oct
05
2006
Ruling
Rent payments were ordinary business expenses.
Procedural posture
Plaintiff bankruptcy trustee filed a complaint consisting of five claims that arose out of the bankruptcy of a debtor company. The primary defendant, the debtor's president and sole equity owner, filed a motion for summary judgment on all claims.
ABI Membership is required to access the full summary of Boyer v. Gildea Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hargrove
Oct
03
2006
Ruling
Case dismissed without prejudice where debtor's counsel failed to electronically file required signature pages due to scanner malfunction.
Procedural posture
The debtors filed a motion to reinstate their bankruptcy case after its dismissal.
ABI Membership is required to access the full summary of In re Hargrove Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wiseman v. Wiseman (In re Wiseman)
Sep
29
2006
Ruling
Salary, insurance and 401(k) payments owed to former spouse as supplement to property settlement agreement was nondischargeable.
Procedural posture
Creditor, the former wife of chapter 7 debtor, brought a complaint against debtor, alleging that debtor's property settlement obligation to creditor was excepted from his discharge under 11 U.S.C. § 523(a)(15).
ABI Membership is required to access the full summary of Wiseman v. Wiseman (In re Wiseman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Dienberg
Aug
30
2006
Ruling
Court was not authorized to issue a "comfort order" where stay had terminated pursuant to section 362(h) rather than section 362(c).
Procedural posture
A secured creditor filed a motion pursuant to 11 U.S.C. § 362(h) and (j), asking the court to issue an order confirming that the automatic stay in a chapter 7 debtor's bankruptcy case had terminated. The court, on its own initiative, held a hearing on the issue of whether section 362(j) applied when the alleged basis for termination of the stay was found in section 362(h) rather than in section 362(c), the subsection specifically referenced in section 362(j).
ABI Membership is required to access the full summary of In re Dienberg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: