- 11 U.S.C.
Ahlgren v. Dailey (In re Schnoor)
May
16
2014
Ruling
Transfer of farm equipment within two years of petition date was avoidable as fraudulent.
Issue(s)
Should debtor's transfer of farm equipment within two years of the petition date be avoided as fraudulent?
ABI Membership is required to access the full summary of Ahlgren v. Dailey (In re Schnoor) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Goldstein v. Diamond (In re Diamond)
Apr
22
2014
Ruling
Motion to reopen was not a prerequisite to filing a dischargeability proceeding.
Issue(s)
Did bankruptcy court err in rejecting the filing of dischargeability complaint due to creditor's failure to file to make a motion to reopen the underlying bankruptcy case?
ABI Membership is required to access the full summary of Goldstein v. Diamond (In re Diamond) 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
- 11 U.S.C.
Pierce v. Collections Assocs. (In re Pierce)
Dec
30
2013
Ruling
Debtor could not recover preference period garnishment that was less than $600.
Issue(s)
Did bankruptcy court err in finding that debtors were not entitled to recover garnished funds.
ABI Membership is required to access the full summary of Pierce v. Collections Assocs. (In re Pierce) 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
- 11 U.S.C.
Patriot Coal Corp. v. Peabody Holding Co. LLC (In re Patriot Coal Corp.)
Aug
21
2013
Ruling
Debtor was required to comply with individual employer plan after rejection of "me too" collective bargaining agreement.
Issue(s)
Were debtor's obligations to provide retiree benefits affected by rejection of a "me too" collective bargaining agreement, individually negotiated with the union and referencing the relevant wage agreement.
ABI Membership is required to access the full summary of Patriot Coal Corp. v. Peabody Holding Co. LLC (In re Patriot Coal Corp.) 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
- 11 U.S.C.
Hernandez v. Nebraska HHS
Aug
08
2013
Ruling
Debt owed to state department of health and human services was in the nature of child support and nondischargeable.
Issue(s)
Whether the debt debtor owed to the Nebraska Department of Health and Human Services (DHHS) was a debt in the nature of support of a child under 11 U.S.C.S. § 101(14A)(B).
ABI Membership is required to access the full summary of Hernandez v. Nebraska HHS 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
J&M Sec. LLC v. Moore (In re Moore)
Jul
08
2013
Ruling
Judicial lien placed prior to debtor's acquisition of homestead properly ordered avoided to the extent impairing exemption.
Issue(s)
Whether the U.S. Bankruptcy Court for the Eastern District of Missouri at St. Louis properly found that a chapter 13 debtor could avoid all but $2,198.50 of a judicial lien in the amount of $72,770 which a creditor held on her homestead.
ABI Membership is required to access the full summary of J&M Sec. LLC v. Moore (In re Moore) 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
- 11 U.S.C.
Smith v. Missouri
Feb
05
2013
Ruling
State's deduction of incarceration charge from debtor's account did not violate discharge injunction.
Procedural posture
Debtor challenged a decision of the United States Bankruptcy Court for the Western District of Missouri, which denied the debtor's motion for contempt for appellee State of Missouri's alleged violation of the discharge injunction of 11 U.S.C.S. § 524(a)(1).
ABI Membership is required to access the full summary of Smith v. Missouri 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
- 11 U.S.C.
Williams v. King (In re King)
Oct
09
2012
Ruling
Bankruptcy court properly sanctioned creditor's attorneys for violation of discharge injunction.
Procedural posture
Appellants, a creditor of appellee debtor and the creditor's attorney, challenged a decision of the U.S. Bankruptcy Court for the Western District of Missouri, which granted in part and denied in part the attorney's motion to reconsider an order of the bankruptcy court that granted in part a motion for sanctions.
ABI Membership is required to access the full summary of Williams v. King (In re King) 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
- 11 U.S.C.
Walters v. Bank of the West (In re Walters)
Jun
02
2011
Ruling
Objection to exemption properly sustained where property acquired after creditor's judgments was not purchased with proceeds of former homestead as claimed.
Procedural posture
Appellant Chapter 7 debtor sought review of an order from the United States Bankruptcy Court for the Southern District of Iowa, which sustained appellee bank's objection to her claim of a homestead exemption under Iowa Code §§ 561.16 and 561.20.
ABI Membership is required to access the full summary of Walters v. Bank of the West (In re Walters) 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
Terry v. Standard Ins. Co. (In re Terry)
Jan
28
2011
Ruling
Bankruptcy court erred in holding that insurer could not recoup overpayments without considering equities.
Procedural posture
Insurer challenged an order from the U. S. Bankruptcy Court for the Western District of Missouri, which determined that the insurer could not recoup disability insurance overpayments from a chapter 7 debtor's future disability payments pursuant to 11 U.S.C.S. § 502(h).
ABI Membership is required to access the full summary of Terry v. Standard Ins. Co. (In re Terry) 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