Lange v. Inova Capital Funding LLC (In re Qualia Clinical Servs.)
Jan
14
2011
Ruling
Pledge of receivables was not a true sale but rather a disguised security interest, which was perfected within 90 days of petition date and properly held avoidable.
Procedural posture
Creditor sought review of an order from the U. S. Bankruptcy Court for the District of Nebraska denying its motion for summary judgment and granting appellee chapter 7 trustee's motion for summary judgment and avoiding the creditor's security interest as a preferential transfer under 11 U.S.C.S. § 547(b).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Harman v. Fink (In re Harman)
Sep
03
2010
Ruling
Bankruptcy court properly combined current monthly income of debtors who were married but living separately to determine above median status.
Procedural posture
Appellant debtors filed a joint petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The United States Bankruptcy Court for the Western District of Missouri overruled an objection the debtors filed to their own plan and found that an objection that was filed by appellee chapter 13 trustee was moot. The debtors appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bank of Bennington v. Thomas (In re Thomas)
Jun
22
2010
Ruling
Bankruptcy court properly denied debtor's discharge and granted debtor spouse's discharge.
Procedural posture
The U.S. Bankruptcy Court for the District of Nebraska sustained plaintiff bank's objection to defendant debtor husband's discharge and overruled its objection to debtor wife's discharge. It also determined that debtor husband's debts to the bank were dischargeable. Everyone appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Medlock v. Meahyen (In re Meahyen)
Feb
04
2010
Ruling
Debtor real estate broker's debt to buyer excepted from discharge due to misrepresentation of value of property.
Procedural posture
In this adversary proceeding, plaintiff buyer sought a determination that defendant debtor's debt to him was nondischargeable. The buyer sought to except the debt under 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4) and 523(a)(6).
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Court
:
- 11 U.S.C.
Treadwell v. Glenstone Lodge Inc. (In re Treadwell)
Feb
01
2010
Ruling
Dischargeability of debtor travel agent's debt to hotel reversed as hotel's reliance was justifiable.
Procedural posture
Appellant hotel lodge sought review of a decision from the United States Bankruptcy Court for the Western District of Missouri, which avoided the lodge's judicial lien on the debtors' home and determined the underlying debt to be dischargeable.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Duncan v. LaBarge (In re Duncan)
Nov
05
2009
Ruling
Bankruptcy court properly denied debtor's groundless request for waiver of required prepetition credit counseling.
Procedural posture
Debtors, a husband and a wife, filed a joint chapter 13 bankruptcy petition. Debtors filed a motion for exemption from credit counseling under 11 U.S.C.S. § 109. The Bankruptcy Court for the Eastern District of Missouri denied debtors' request for waiver of pre-petition credit counseling and dismissed their case. Debtors appealed.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Hecker
Sep
25
2009
Ruling
Court refused to allow individual debtor to claim homestead exemption in luxury property owned by LLC that was wholly owned by second LLC in which debtor held majority interest.
Procedural posture
Debtor sought to claim a homestead exemption under Minn. Stat. § 510.01 in a luxury, lakefront property which he occupied but did not own.
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Court
:
- 11 U.S.C.
In re Bostwick
Jun
23
2009
Ruling
Plan confirmed over trustee's objection where not all claims would be paid in full but all projected disposable income would be contributed.
Procedural posture
The chapter 13 bankruptcy trustee objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
Cleaver v. Warford (In re Cleaver)
Jun
11
2009
Ruling
Bankruptcy court should have allowed debtors opportunity to prove that truck was a tool of the trade in which an exemption was impaired by creditor's lien.
Procedural posture
Debtors sought review of a decision of the bankruptcy court for the Southern District of Iowa, which denied the debtors' motion for reconsideration of an earlier order denying their motion to avoid a nonpossessory, non-purchase money security interest in a semi-tractor truck.
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Court
:
Judge or Jurisdiction information not available
Myers v. Raynor (In re Raynor)
Jun
04
2009
Ruling
Bankruptcy appellate panel refused to reconsider bankruptcy court's finding that trustee's avoidance proceeding was not time barred despite reservation of appeal of the issue in approved settlement.
Procedural posture
Plaintiff filed an adversary proceeding against defendant, a chapter 7 debtor's wife, seeking an order avoiding transfers the debtor made to his wife. The bankruptcy court for the District of Nebraska approved a stipulated judgment which settled the trustee's action but allowed appellant debtor and his wife to appeal the issue of whether the trustee's action was time-barred. The debtor and his wife appealed.
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Court
:
Judge or Jurisdiction information not available