Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 303
- § 303(i)

DVI Receivables XIV LLC v. Rosenberg (In re Rosenberg)

Feb

2015

Ruling

Bankruptcy court did not err in awarding debtor attorneys' fees for successful appellate defense of dismissal of involuntary case.

Issue(s)

Did bankruptcy court err in awarding involuntary debtor attorneys' fees after dismissal of the case?

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

Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on February 27, 2015 , LexisNexis #0315-106

LexisNexis Article

Learn More

11 U.S.C.
- § 1325
- § 1325(a)

Brown v. Gore (In re Brown)

Feb

2014

Ruling

Confirmation denied where debtor sought relief under chapter 13 solely to pay off attorneys' fees in installments.

Issue(s)

Was confirmation properly denied for lack of good faith where the debtor filed a chapter 13 petition, instead of a chapter 7 petition, only so that his attorney could be paid in installments through the proposed chapter 13 plan?

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

Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on February 14, 2014 , LexisNexis #0614-131

LexisNexis Article

Learn More

11 U.S.C.

Martinez v. Hutton (In re Harwell)

Dec

2010

Ruling

Summary judgment in favor of attorney transferee reversed absent findings regarding control of funds or bad faith.

Procedural posture

Appellant Chapter 7 trustee filed a fraudulent transfer complaint against appellant attorney under 11 U.S.C.S. §§ 548(a)(1)(A) and 550(a)(1). A bankruptcy court granted summary judgment for the attorney, and the United States District Court for the Middle District of Florida affirmed. The trustee appealed.

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

Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on December 29, 2010 , LexisNexis #0111-105

LexisNexis Article

Learn More

11 U.S.C.
- § 303
- § 303(b)

Trusted Net Media Holdings LLC v. Morrison Agency Inc.

Dec

2008

Ruling

Requirements for commencing involuntary bankruptcy are not jurisdictional.

Procedural posture

Appellant debtor sought review of a judgment of the district court for the Northern District of Georgia affirming a bankruptcy court order denying on waiver grounds the debtor's motion to dismiss an involuntary bankruptcy proceeding against the debtor brought by appellee creditor pursuant to 11 U.S.C.S. § 303(b). The court granted rehearing en banc as to one issue.

ABI Membership is required to access the full summary of Trusted Net Media Holdings LLC v. Morrison Agency Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on December 02, 2008 , LexisNexis #0109-100

LexisNexis Article

Learn More

11 U.S.C.
- § 303
- § 303(b)

Trusted Net Media Holdings LLC v. Morrison Agency Inc. (In re Trusted Net Media Holdings LLC)

Apr

2008

Ruling

Requirements for filing an involuntary petition must be satisfied for the court to have subject matter jurisdiction.

Procedural posture

Appellant debtor challenged a judgment from the District Court for the Northern District of Georgia affirming a bankruptcy court's denial of the debtor's motion to dismiss appellee creditor's involuntary bankruptcy petition, filed under 11 U.S.C.S. § 303(b), for lack of subject matter jurisdiction.

ABI Membership is required to access the full summary of Trusted Net Media Holdings LLC v. Morrison Agency Inc. (In re Trusted Net Media Holdings LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on April 23, 2008 , LexisNexis #0508-058

LexisNexis Article

Learn More

11 U.S.C.

Guerra v. Fernandez-Rocha (In re Fernandez-Rocha)

Jun

2006

Ruling

Court affirmed dismissal of complaint of defalcation while acting in a fiduciary capacity since under state law no fiduciary duty was owed.

Procedural posture

Appellants, parents, challenged the District Court for the Southern District of Florida's order affirming the bankruptcy court's dismissal of their adversary complaint against appellee debtor based on his failure to comply with Florida's Financial Responsibility Act, Fla. Stat. § 458.320. On appeal, the parents challenged the bankruptcy court and district court's determination that the debt in issue was dischargeable in bankruptcy.

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

Court :

Judge or Jurisdiction information not available

opinion summary, case decided on June 12, 2006 , LexisNexis #0606-123

LexisNexis Article

Learn More

Subscribe to %1