Eastern District

United States v. Ross-Tousey (In re Ross-Tousey)

Appellant trustee appealed a decision of the bankruptcy court denying the trustee's motion to dismiss the case for abuse, pursuant to 11 U.S.C. § 707(b)(1). Appellees, debtors, opposed. The trustee argued that the bankruptcy court erred in allowing debtors, in calculating their current monthly income, to deduct the automobile ownership expense despite the fact that debtors did not finance their cars and thus had no ownership expense.
Ruling: 
Bankruptcy court erred in allowing automobile ownership expense for vehicles not subject to loans.
ABI Membership is required to access the full summary of United States v. Ross-Tousey (In re Ross-Tousey). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Racette

On April 5, 2006, the court entered an order dismissing the debtors'prior case effective April 4, 2006. The reason for the dismissal was the debtors'failure to comply with the pre- petition credit counseling requirement under 11 U.S.C. § 109(h)(1). Also on April 4, 2006, the debtors filed the instant case. The debtors filed a motion asking the court strike the prior 2006 petition.
Ruling: 
Court denied debtor's motion to strike petition in their prior case since it was properly dismissed, rather than declared a nullity, for failure to comply with section 109(h)(1).
ABI Membership is required to access the full summary of In re Racette. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lue Xiong

The debtor filed for relief under chapter 7. At the time of the filing, the debtor was married, but his spouse did not join in the proceedings. The trustee filed a motion to compel the turnover of real estate in Kansas, real estate in Wisconsin, a truck, and an automobile, contending that the property was part of the bankruptcy estate pursuant to 11 U.S.C. § 541(a)(2).
Ruling: 
Trustee was denied turnover of certain property since debtor was entitled to certain exemptions.
ABI Membership is required to access the full summary of In re Lue Xiong. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Gilbertson

In a chapter 7 case, applicant attorney sought compensation as attorney for the trustee.
Ruling: 
Trustee-retained collection attorney's compensation request was reduced since the contingency fee arrangement was improvident given that the attorney recovered the alleged fraudulent transer quickly and easily.
ABI Membership is required to access the full summary of In re Gilbertson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

McKloskey v. Schabel (In re Schabel)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditors, the parents of one of the debtors, seeking to avoid an alleged transfer from the debtors as preferential. The parties filed cross-motions for summary judgment.
Ruling: 
Court granted summary judgment to the creditors, debtor's parents, by finding that they had asserted the new value defense to an otherwise preferential transfer.
ABI Membership is required to access the full summary of McKloskey v. Schabel (In re Schabel). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Engebregtsen

Debtors filed a chapter 13 case, and creditor, the holder of a lien in debtors'pickup truck, filed a proof of claim in the total amount of $21,834.72, delineating $20,475 as the secured portion of the claim and $1,359.72 as the unsecured portion. Debtors opposed the creditor's valuation of the vehicle and filed an objection to allowance of the claim.
Ruling: 
The liquidation value at the time of filing was held to be the valuation method for the creditor's objected-to proof of claim on the lien held on the debtor's pickup truck and was not affected by the debtor's continued unauthorized use of the vehicle.
ABI Membership is required to access the full summary of In re Engebregtsen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Eastern District