- 11 U.S.C.
Sears v. Sears (In re Afy Inc.)
Jan
23
2012
Ruling
Bankruptcy court properly allowed claims based on unambiguous stock purchase agreement.
Procedural posture
Appellants sought review from an order of the United States Bankruptcy Court for the District of Nebraska that overruled their objections under 11 U.S.C.S. § 502 to certain claims and disallowed the claim of one of the appellants.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Throgmartin
Jan
05
2012
Ruling
Objection to claim for valid domestic support obligation overruled.
Procedural posture
A chapter 7 debtor objected to a claim of his former wife. The chapter 7 trustee filed a motion to determine that the claim was a domestic support obligation as defined in 11 U.S.C.S. § 101(14A). A creditor filed a response to the trustee's motion and a limited objection to the former wife's claim.
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Court
:
- 11 U.S.C.
Heide v. Juve (In re Juve)
Sep
16
2011
Ruling
Summary judgment in nondischargeability proceeding reversed due to issues of material fact.
Procedural posture
Appellee creditor brought an adversary proceeding against appellant bankruptcy debtor seeking nondischargeability of a debt to the creditor under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's alleged fraud in obtaining funds from the creditor to operate the debtor's used car dealership. The debtor appealed the order of the U.S. Bankruptcy Court for the District of Minnesota which granted summary judgment to the creditor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Fisette v. Keller (In re Fisette)
Aug
29
2011
Ruling
Antimodification provision did not apply to unsecured junior liens.
Procedural posture
Debtor appealed a decision from the United States Bankruptcy Court for the District of Minnesota, which confirmed the debtor's modified chapter 13 plan over the debtor's objection with respect to how the plan treated two junior liens on the debtor's principal residence.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Arvest Mortgage Co. v. Nail (In re Nail)
Apr
15
2011
Ruling
Debtor's failure to turn over proceeds of settlement with builder to creditor mortgagee did not result in nondischargeable debt.
Procedural posture
Defendant debtor appealed a decision of the U.S. Bankruptcy Court for the Western District of Arkansas, which determined that her failure to turn over $46,016 in lawsuit settlement proceeds to plaintiff creditor resulted in a non-dischargeable debt pursuant to 11 U.S.C.S. § 523(a)(4).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Fokkena v. Chapman (In re Chapman)
Mar
11
2011
Ruling
Chapter 7 cases that were converted from chapter 13 could be dismissed for abuse as debtors were deemed to have filed under chapter 7 on chapter 13 petition date.
Procedural posture
U.S. Trustee sought to dismiss the cases of debtors for abuse under 11 U.S.C.S. § 707(b)(1) after the debtors' cases were converted to chapter 7 from chapter 13. The Trustee appealed the orders of the U.S. Bankruptcy Courts for the District of Minnesota and the Southern District of Iowa which denied the trustee's motions to dismiss on the ground that § 707(b)(1) did not apply to converted cases.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Spector
Oct
26
2010
Ruling
Valid spendthrift trust was excluded from debtor's estate.
Procedural posture
A Chapter 7 trustee objected to a debtor's claim of an exemption. The debtor argued that her interest in a deferred payment gift annuity agreement was excluded from her bankruptcy estate under 11 U.S.C.S. § 541(c)(2). The trustee objected to the exemption.
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Court
:
- 11 U.S.C.
Fink v. Thompson (In re Thompson)
Sep
16
2010
Ruling
Plain language of code precludes objection to plan for bad faith based on exclusion of social security income.
Procedural posture
Appellant, the Chapter 13 Trustee for appellee debtors' bankruptcy estate, challenged an order of the U.S. Bankruptcy Court for the Western District of Missouri confirming debtors' Chapter 13 plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Islamov v. Ungar (In re Ungar)
May
21
2010
Ruling
Debt based on debtor's false representations regarding investment of creditor's funds properly held nondischargeable.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The bankruptcy court for the District of Nebraska found that the debtor owed the creditor $ 228,791, and that the debt was nondischargeable under § 523(a)(2)(A) and (a)(6). The debtor appealed.
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Court
:
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In re Lapke
May
10
2010
Ruling
Case properly dismissed as debtor's claim that home loans were not consumer debt was frivolous.
Procedural posture
Chapter 7 debtor sought review of an order from the Bankruptcy Court for the District of Nebraska, which granted appellee creditor's motion to dismiss his case under 11 U.S.C.S. § 707(b)(1) and (3).
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Court
:
Judge or Jurisdiction information not available