Skip to main content

Page Banner(Taxonomy)

judge kressel

Halverson v. United States Dept of Educ. (In re Halverson)

Feb
12
2009
Ruling
65 year-old debtor with health problems and limited income from teaching allowed undue hardship discharge of large student loan.
Procedural posture

Chapter 7 debtor brought an adversary proceeding against creditor, seeking a determination that two student loans were dischargeable pursuant to 11 U.S.C.S. § 523(a)(8). The court held a trial.

ABI Membership is required to access the full summary of Halverson v. United States Dept of Educ. (In re Halverson) 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 12, 2009 , LexisNexis #0709-121
LexisNexis Article
Learn More

In re Barrows

Jan
09
2009
Ruling
Debtors could not claim exemption in account where they knowingly understated its value in bad faith.
Procedural posture

A trustee in a chapter 7 bankruptcy case objected to the debtors' claim of exemption of the money in a checking account.

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

Consumer opinion summary, case decided on January 09, 2009 , LexisNexis #0309-025
LexisNexis Article
Learn More

Clark v. Wilmoth (In re Wilmoth)

Dec
09
2008
Ruling
Bankruptcy court properly overruled trustee's objection to debtor's claimed exemptions absent extrinsic evidence of intent to hinder, delay or defraud creditors via debtor's pre-bankruptcy planning.
Procedural posture

Chapter 7 trustee, appealed the Bankruptcy Court for the Western District of Arkansas order which overruled the trustee's objection to debtor's claim of exemptions. The trustee claimed that the bankruptcy court erred in finding that debtor had no intent to hinder, delay or defraud creditors. The case implicated the Arkansas homestead exemption, Ark. Const. art. 9, § 3 and 11 U.S.C.S. § 522(o).

ABI Membership is required to access the full summary of Clark v. Wilmoth (In re Wilmoth) 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 09, 2008 , LexisNexis #0209-115
LexisNexis Article
Learn More

Zahn v. Fink (In re Zahn)

Aug
14
2008
Ruling
Bankruptcy court erred in requiring debtor with negative disposable income to refile amended plan with a minimum commitment period of 60 months.
Procedural posture

Appellant debtor challenged an order of the United States Bankruptcy Court for the Western District of Missouri that confirmed her second amended Chapter 13 plan. The bankruptcy appellate panel previously held that the debtor had no standing to appeal and dismissed her appeal for lack of jurisdiction. The United States Court of Appeals for the Eighth Circuit held that the debtor did have standing and reversed and remanded the appeal to the panel.

ABI Membership is required to access the full summary of Zahn v. Fink (In re Zahn) 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 August 14, 2008 , LexisNexis #0908-016
LexisNexis Article
Learn More

In re Ellringer

Jun
20
2007
Ruling
Dismissal denied where debtor was below median income even after contributions from housemate were included.
Procedural posture

The United States Trustee filed a motion to dismiss a chapter 7 debtor's bankruptcy case pursuant to 11 U.S.C. § 707(a), (b)(2) or (b)(3).

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

opinion summary, case decided on June 20, 2007 , LexisNexis #0807-086
LexisNexis Article
Learn More

CP Holdings Inc. v. Stanton (In re CP Holdings Inc.)

Sep
14
2006
Ruling
Rejection of leases by lessee in its bankruptcy did not terminate leases leaving assignee of debtor lessor with a perfected security interest in debtor lessor's claim against the lessee.
Procedural posture

Defendants, a trustee and a debtor, appealed an order of the Bankruptcy Court for the Western District of Missouri, which determined that plaintiff assignee held a perfected security interest in the debtor's claim against a lessee for rents.

ABI Membership is required to access the full summary of CP Holdings Inc. v. Stanton (In re CP Holdings 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
opinion summary, case decided on September 14, 2006 , LexisNexis #1006-051
LexisNexis Article
Learn More

In re Hyman Freightways Inc.

May
18
2006
Ruling
Court denied trustee's motion seeking refund of professional fees since payments were authorized by Bankruptcy Code and approved by court.
Procedural posture

The chapter 7 trustee, purportedly under 11 U.S.C. § 726(a), filed a motion seeking a refund of professional fees from three groups of professionals who provided services to the debtor during the time the debtor was in chapter 11.

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

opinion summary, case decided on May 18, 2006 , LexisNexis #0606-131
LexisNexis Article
Learn More

Dixon v. LaBarge (In re Dixon)

Feb
17
2006
Ruling
Dismissal was affirmed since the debtor failed to show exigent circumstances to warrant granting a waiver of the prefiling credit counseling requirement.
Procedural posture

Appellant bankruptcy debtor filed his bankruptcy petition with a certification that the debtor was unable to obtain debt counseling prior to filing the petition, as required by 11 U.S.C. § 109(h), since a foreclosure sale of his residence was scheduled for the day after the petition was filed. The debtor appealed the order of the Bankruptcy Court for the Eastern District of Missouri which dismissed the debtor's case.

ABI Membership is required to access the full summary of Dixon v. LaBarge (In re Dixon) 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 February 17, 2006 , LexisNexis #0306-002
LexisNexis Article
Learn More
Subscribe to %1