Skip to main content

Page Banner(Taxonomy)

judge furay

Ocean Innovations Inc. v. Ahern (In re Ahern)

Ruling
Patent litigation judgment established that debtor's infringement was deliberately wrongful and therefore nondischargeable.
Issue(s)
Was judgment in patent litigation nondischargeable due to finding of debtor's willful infringement?

ABI Membership is required to access the full summary of Ocean Innovations Inc. v. Ahern (In re Ahern) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 19, 2015 , LexisNexis #1215-052

In re Achtor

Ruling
Debtor's objection to credit card claims overruled.
Issue(s)
Should debtors' objections to credit card claims be overruled?

ABI Membership is required to access the full summary of In re Achtor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 03, 2015 , LexisNexis #0815-115

In re Spencer

Ruling
Creditor granted relief from stay on basis of lack of adequate protection due to diminution in value of mortgaged property.
Issue(s)
Was creditor entitled to relief from stay to foreclose on property in which debtor admitted she had no equity?

ABI Membership is required to access the full summary of In re Spencer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 15, 2015 , LexisNexis #0615-041

Spencer v. Federal Home Loan Mortg. Corp. (In re Spencer)

Ruling
Debtor's wrongful foreclosure claim against loan servicer dismissed pursuant to the Rooker- Feldman doctrine.
Issue(s)
Was debtor's proceeding alleging that foreclosure judgment was obtained by fraud barred by operation of the Rooker-Feldman doctrine?

ABI Membership is required to access the full summary of Spencer v. Federal Home Loan Mortg. Corp. (In re Spencer) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 15, 2015 , LexisNexis #0615-068

In re Adolphson

Ruling
Debtor's patronage account with cooperative was not exempt.
Issue(s)
Was debtor's patronage account with dairy cooperative exempt property?

ABI Membership is required to access the full summary of In re Adolphson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 27, 2015 , LexisNexis #0315-116

In re Anderson

Ruling
Trustee's objection to debtor's state homestead objection sustained.
Issue(s)
Could debtor exempt proceeds of sale of homestead received more than one year after the execution of the contract?

ABI Membership is required to access the full summary of In re Anderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 05, 2014 , LexisNexis #0814-122

In re Harry Viner Inc.

Ruling
Debtor's counsel's fee application allowed with appropriate reductions.
Issue(s)
Should debtor's counsel's fee application be allowed where counsel allegedly failed to adequately advise the debtor regarding obligations under its chapter 11 plan?

ABI Membership is required to access the full summary of In re Harry Viner Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 05, 2014 , LexisNexis #0814-109

Peterson v. Bechard (In re Bechard)

Ruling
Court abstained from hearing removed state court action that was merely tangentially related to debtor's bankruptcy.
Issue(s)
Should removed action exclusively concerning issues of state law, and containing no issues of federal law of any kind, be resolved by the state court in which it was filed?

ABI Membership is required to access the full summary of Peterson v. Bechard (In re Bechard) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 21, 2014 , LexisNexis #0814-139

In re Johnson

Ruling
Chapter 13 debtors could cure default on land contract after redemption period.
Issue(s)
Could chapter 13 debtor cure its default on a land contract after the redemption period had expired?

ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2014 , LexisNexis #0814-030

Sanderson v. Minn. Empl. & Econ. Dev. (In re Sanderson)

Ruling
Debt for overpayment of unemployment benefits was nondischargeable due to debtor's false representations and properly included filing fee for adversary proceeding.
Issue(s)
Did nondischargeable debt for overpayment of unemployment benefits include filing fee for adversary proceeding that was disputed by debtor?

ABI Membership is required to access the full summary of Sanderson v. Minn. Empl. & Econ. Dev. (In re Sanderson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 11, 2014 , LexisNexis #0514-052