In re Timmerman
Apr
25
2007
Ruling
Chapter 7 trustee could not serve as attorney for debtor.
Procedural posture
The chapter 7 trustee filed an application to employ himself as attorney for the trustee.
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Court
:
- 11 U.S.C.
In re Solma
Apr
24
2007
Ruling
Debtor's benefits under late mother's 401(k) plan and life insurance policies were property of the estate.
Procedural posture
The trustee filed a motion for turnover of money that the debtor received from his late mother's 401(k) plan. The debtor objected that the money was not property of the bankruptcy estate, pursuant to 11 U.S.C. § 541(a)(5).
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Court
:
- 11 U.S.C.
In re Knudsen
Nov
29
2006
Ruling
Family farmer debtors were not entitled to favorable tax treatment of sale of hogs.
Procedural posture
Chapter 12 debtors sought confirmation of their plan. Objections were filed by the United States on behalf of the IRS and by the trustee.
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Court
:
Davis v. Rickabaugh (In re Rickabaugh)
Sep
28
2006
Ruling
Debt arising from legal malpractice due to inexperience rather than fruad or wilful, malicious conduct was dischargeable.
Procedural posture
Plaintiff judgment creditors commenced an adversary proceeding to determine the dischargeability of a state court judgment against the debtor pursuant to 11 U.S.C. § 523(a) arising from a malpractice action.
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Court
:
- 11 U.S.C.
Morse v. Iowa Student Loan Liquidity Corp. (In re Morse)
Jul
10
2006
Ruling
Student loan obligations were discharged due to undue hardship related to debtor's history of mental illness.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re James
Jun
30
2006
Ruling
Filing constituted abuse of chapter 7 since under totality of circumstances debtor did not file in good faith.
Procedural posture
The trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(1) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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Court
:
Schmidt v. Bauer (In re Bauer)
May
22
2006
Ruling
State court judgments were not excepted from discharge since judgments did not establish fraudulent intent or malice or willful and malicious injury under same standard as required under section 523(a).
Procedural posture
Plaintiff creditor filed a motion for summary judgment on his action for a determination that a judgment debt based on a state court finding of conversion by defendant debtor was excepted from discharge, pursuant to 11 U.S.C.S. § 523(a)(4) and (6). The creditor alleged that the judgment established larceny or embezzlement under section 523(a)(4), and the finding of legal malice established willful and malicious injury under section 523(a)(6).
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Court
:
- 11 U.S.C.
In re Barlas
May
19
2006
Ruling
Court deemed that creditor's counsel did not violate discharge injunction by serving debtor with deposition subpoena since creditor was entitled to depose debtor as witness and information requested was relevant to dischargeability issues.
Procedural posture
A bankruptcy debtor was granted a discharge subject to a determination of the nondischargeability of a potential debt to a creditor who had a lawsuit pending in which the debtor was a named defendant prior to her bankruptcy. The debtor moved for sanctions against the creditor's counsel for violating the bankruptcy stay by serving the debtor with a deposition subpoena in the lawsuit.
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Court
:
- FRBP
In re Schrandt
Mar
20
2006
Ruling
Debtors failed to overcome the prima facie evidence of the validity of the creditor's claim.
Procedural posture
Bankruptcy debtors'plan was confirmed and the trustee's claims report allowed a creditor's claim secured by the debtors'automobile and the creditor's unsecured claim for the balance of the amount owed which was greater than the value of the vehicle. The debtors objected to allowance of the unsecured portion of the claim, asserting that the creditor agreed to waive the unsecured claim.
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Court
:
In re Fulton
Mar
20
2006
Ruling
Debtor who after filing became financially able to pay creditors was denied a motion to dismiss the debtor's case since there was still risks that creditors would not get paid.
Procedural posture
A bankruptcy debtor asserted that she filed her bankruptcy petition while in mental and emotional turmoil and without adequate information, and that her financial circumstances changed to allow payment to creditors. The debtor moved to dismiss her bankruptcy case under 11 U.S.C. § 707(a) or 305(a)(1), and the trustee objected to dismissal.
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Court
: