- 11 U.S.C.
Seaver v. Mortgage Elec. Registration Sys. (In re Schwartz)
Mar
07
2008
Ruling
Payoff of mortgages obtained within 90 days of petition date via postpetition refinancing avoided as preferential.
Procedural posture
Defendant mortgage lenders appealed from an order of the United States Bankruptcy Court for the District of Minnesota entered in favor of the chapter 7 trustee of debtor's bankruptcy estate, avoiding the transfer of mortgage interests in the debtor's real property to the lenders as preferential transfers under 11 U.S.C.S. § 547, entering monetary judgments against the lenders for the value of the interest transferred.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kokkena v. Klages (In re Klages)
Jan
31
2008
Ruling
Bankruptcy court properly denied discharge based on debtor's knowing and fraudulent failure to turn over tax refunds.
Procedural posture
Appellant debtor challenged a decision of the Bankruptcy Court for the Southern District of Iowa that revoked his discharge for knowingly and fraudulently failing to turn over a tax refund to the chapter 7 Trustee. The issue was whether the bankruptcy court erred when it concluded that the debtor's failure to turn over his tax refund was done knowingly and fraudulently.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Falcon Creditor Trust v. Blue Cross Blue Shield (In re Falcon Prods.)
Jul
20
2007
Ruling
Transfers to third party administrator for debtor's self-funded PPO plan were below re- BAPCPA cap and not preferential.
Procedural posture
Plaintiff, the creditor trust that was the successor to the chapter 11 debtors, brought an adversary proceeding to avoid and recover alleged preferential transfers, under 11 U.S.C. §§ 547 and 550, to the defendant, the transferee of five prepetition payments from the debtors. The transferee moved for summary judgment, asserting that if the transfers were set aside, it would have a resulting priority claim under former 11 U.S.C. § 507(a)(4).
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Court
:
- 11 U.S.C.
Lindau v. Nelson (In re Nelson)
Nov
24
2006
Ruling
Debtor's failure to refund downpayment on purchase of business for which there was no written contract was due to breach of contract, not fraud, so that debt was dischargeable.
Procedural posture
Defendant debtor appealed from an order of the Bankruptcy Court for the District of Minnesota that excepted from discharge debtor's obligation to plaintiff creditor as fraudulent, pursuant to 11 U.S.C. § 523(a)(2)(A). The issue on appeal was whether the creditor had established, by a preponderance of evidence, all the elements necessary to except from discharge as fraudulent.
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Ginter v. Alliant Bank (In re Ginter)
Sep
14
2006
Ruling
Debtor's stipulation to relief from stay did not bar lien avoidance proceeding on grounds of res judicata.
Procedural posture
Chapter 7 debtor moved to avoid a creditor's lien on certain tools of the debtor's trade. The Bankruptcy Court for the Western District of Missouri denied the motion on the grounds of res judicata and judicial estoppel. The debtor appealed the order.
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- 11 U.S.C.
In re Skaggs
Aug
16
2006
Ruling
Case dismissed for substantial abuse due to debtor's excessive monthly income.
Procedural posture
The United States Trustee filed a motion to dismiss the debtors' case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
Hedquist v. Fokkena (In re Hedquist)
Jun
16
2006
Ruling
Dismissal was affirmed since debtors were unable to effectuate chapter 11 plan.
Procedural posture
Appellant debtors sought review of an order of the Bankruptcy Court for the District of Minnesota, which granted appellee trustee's motion to dismiss their chapter 11 case, pursuant to 11 U.S.C. § 1112(b)(2), based on their inability to effectuate a plan and imposed a 180-day bar, pursuant to 11 U.S.C. § 349, against refiling a chapter 11 case.
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- 11 U.S.C.
Bala v. Kaler (In re Racing Servs.)
Apr
04
2006
Ruling
Court affirmed the bankruptcy court's order that equitably subordinated an application for unpaid postpetition rent to all other allowed claims including criminal judgments involving inequitable conduct that injured creditors.
Procedural posture
Appellant claimant sought review of a decision of the Bankruptcy Court for the District of North Dakota, which ordered that the claimant's administrative expense claim against the bankruptcy estate of appellee debtor for postpetition rent be subordinated to all other allowed claims.
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Ziemski v. Ziemski (In re Ziemski)
Mar
10
2006
Ruling
Portion of military retirement benefits of the debtor's former spouse was not estate property since the debtor was not entitled to that portion at the time of filing.
Procedural posture
Appellee bankruptcy debtor brought an adversary proceeding against appellant, the former spouse of the debtor, alleging that the spouse improperly received military retirement benefits to which the debtor was entitled. The spouse appealed the order of the Bankruptcy Court for the Eastern District of Arkansas which required the spouse to turn over the benefits to the debtor's estate.
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- 11 U.S.C.
Hollingsworth v. Kaler (In re Hollingsworth)
Oct
03
2005
Ruling
Creditor who filed proof of claim eight months late was entitled to payment since debtor did not timely object and sufficient funds remained to make payment.
Procedural posture
Pro se appellant bankruptcy debtor asserted that appellee trustee improperly paid the claims of a creditor which were not timely filed. The debtor appealed the order of the bankruptcy court that approved the trustee's final report which provided for payment of the late claims.
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