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Gerard v. Gerard

Mar
12
2015
Ruling
State court slander of title judgment erroneously held nondischargeable where jury verdict could have been based on negligence rather than willful or malicious injury.
Issue(s)
Did the bankruptcy court err in concluding that the state court jury's slander of title findings preclusively established that Michael acted "willfully" within the meaning of 11 U.S.C. § 523(a)(6) and holding the judgment debt to be nondischargeable?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 12, 2015 , LexisNexis #0415-014
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In re Lamont

Jan
07
2014
Ruling
Modification of stay not necessary where claim of purchaser of tax lien was provided for by plan payments to taxing authority.
Issue(s)
Was tax purchaser's interest in property a secured claim that was modifiable in a debtor's chapter 13 plan.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 07, 2014 , LexisNexis #0114-110
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Willett v. Appeal of Natl Capital Mgmt. LLC (In re Willett)

Sep
12
2008
Ruling
Debtors, who gained fee simple interest prior to filing avoidance motion, inproperly used value of prior remainder interest in property when claiming impairment of exemption.
Procedural posture

Appellee chapter 13 debtors moved to avoid a lien on their residence held by appellant judgment creditor's assignee, successfully arguing that the lien would impair a $ 15,000 exemption to which they were entitled under Indiana law. The assignee appealed, but the United States District Court for the Southern District of Indiana, Evansville Division, affirmed the bankruptcy court's avoidance order. The assignee then sought further judicial review.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 12, 2008 , LexisNexis #1008-059
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In re ABC-Naco Inc.

Apr
09
2007
Ruling
District court properly held payments to creditor were avoidable as continued use of software and licenses did not constitute new value.
Procedural posture

Pursuant to 11 U.S.C. § 547(b), appellee, an official committee of unsecured creditors, filed an adversary proceeding seeking to set aside, as preferential transfers, four payments made by a debtor to appellant creditor. A bankruptcy court found that the payments were not preferential transfers. The creditor appealed after the District Court for the Northern District of Illinois reversed that decision.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 09, 2007 , LexisNexis #0607-095
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United Air Lines Inc. v. HSBC Bank USA (In re United Air Lines)

Jul
06
2006
Ruling
Court affirmed that agreement as whole constituted true lease under section 365 and was not severable.
Procedural posture

Plaintiff debtor appealed a decision of the District Court for the Northern District of Illinois, which affirmed the bankruptcy court's ruling that debtor's agreement with defendants, a city, a county, and a bank, could not be severed and, taken as a whole, was a lease.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 06, 2006 , LexisNexis #0706-126
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In re United Airlines

May
04
2006
Ruling
Court deemed that transaction between debtor airline and a bond issuer was a loan rather than a lease under section 365.
Procedural posture

Appellant debtor airline appealed from the District Court for the Northern District of Illinois decision, which denied the airline's attempt to have a transaction treated as a loan rather than a lease for purposes of 11 U.S.C. § 365. Appellees, a city, a bank, and others, opposed the appeal.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on May 04, 2006 , LexisNexis #0506-116
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