McCarthy v. Brevik (In re McCarthy)
Oct
28
2013
Ruling
Dismissal of debtor's avoidance proceeding for lack of standing reversed.
Issue(s)
Did bankruptcy court err in dismissing debtor's avoidance proceeding for lack of standing.
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Court
:
Judge or Jurisdiction information not available
Schlehuber v. Fremont Natl Bank (In re Schlehuber)
Apr
09
2013
Ruling
Conversion to chapter 11 based on individual debtor's ability to fund plan affirmed.
Procedural posture
Appellant chapter 11 debtor challenged a decision of the United States Bankruptcy Court for the District of Nebraska, which converted his chapter 7 bankruptcy case to a case under chapter 11 pursuant to 11 U.S.C.S. § 706(b).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kelley v. Centennial Bank (In re Kelley)
Jan
30
2013
Ruling
Order requiring debtor to convey property to bank did not call for §554 abandonment.
Procedural posture
Debtors challenged an order of the U.S. Bankruptcy Court for the Eastern District of Arkansas--Little Rock, requiring them to convey real property to bank.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re McIntosh
Nov
30
2012
Ruling
Plan confirmed after deletion of language that differed from that in model plan.
Procedural posture
Both debtor and the chapter 13 trustee objected to confirmation of debtor's second amended chapter 13 Plan. Issues included whether the plan was properly confirmed despite the court's ordered deletion, based on the trustee's objection thereto, of language that debtor had added to Paragraph 10 of the court's model chapter 13 plan, adopted per Bankr. E.D. Mo. R. 3015-3(A) (Rule).
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Court
:
- 11 U.S.C.
Copeland v. Fink (In re Copeland)
Nov
20
2012
Ruling
Unsecured non-priority tax claim properly denied special treatment under confirmed plan.
Procedural posture
Debtors challenged the order of the U.S. Bankruptcy Court for the Western District of Missouri confirming their amended chapter 13 plan. Appellee was the Trustee.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Finn
Nov
05
2012
Ruling
Case dismissed for bad faith where debtor's partner transferred house to debtor after dismissal of partner's chapter 13 case without consideration.
Procedural posture
The servicer on a mortgage that encumbered residential property asked the court to dismiss a chapter 13 case filed by debtor on a finding of bad faith per 11 U.S.C.S. § 1307 or in the alternative, to grant relief from stay so that movant could enforce rights under the mortgage and related agreements. The issue was whether the totality of the circumstances relating to the case bespoke of bad faith sufficient to justify dismissal.
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Court
:
- 11 U.S.C.
Walton v. Dellutri Law Group (In re Dellutri Law Group)
Oct
26
2012
Ruling
Partial disgorgement of fees ordered by law firm for violations of disclosure requirements not willfully intended to deceive.
Procedural posture
The U.S. Trustee (UST), sought orders against respondent law firm finding that it had repeatedly violated the court's "no-look" order governing chapter 13 compensation, the court's "first day order" and that the firm was subject to sanctions by reason thereof. Specifically, the UST charged the firm with failing to make disclosures required by 11 U.S.C.S. § 329, Fed. R. Bankr. P. 2016 and Fed. R. Bankr. P. 2017.
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Court
:
Moore v. J&M Sec. LLC (In re Moore)
Oct
11
2012
Ruling
Judicial lien avoided to the extent impairing debtor's homestead exemption.
Procedural posture
A chapter 13 debtor sought to avoid the judicial lien of respondent creditor in its entirety under 11 U.S.C.S. § 522(f). The creditor objected, but the holder of a junior consensual lien supported the motion.
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Court
:
Kaler v. Charles (In re Charles)
Jul
16
2012
Ruling
Discharge properly denied due to nondisclosures in statement of financial affairs.
Procedural posture
Appellant debtor sought review of a ruling of the U.S. Bankruptcy Court for the District of North Dakota denying his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B) and 11 U.S.C.S. § 727(a)(4)(A). Appellee trustee had prevailed below on claims, inter alia, that certain non-disclosures constituted false oaths meriting denial of discharge and that debtor had concealed property of the estate with the requisite intent.
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Court
:
Judge or Jurisdiction information not available
Bushnell v. Bank of the West (In re Bushnell)
May
08
2012
Ruling
Relief from stay properly granted to bank that purchased debtor's home at foreclosure sale.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the bank filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the debtor declared bankruptcy. The United States Bankruptcy Court for the District of Nebraska granted the bank's motion, and the debtor appealed.
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Court
:
Judge or Jurisdiction information not available