- 11 U.S.C.
In re Petters Co.
Sep
30
2013
Ruling
Trustee could seek to recover alleged fraudulent transfer to lenders for amounts in excess of principal for which debtor Ponzi scheme operator had never received reasonably equivalent value.
Issue(s)
Could trustee avoid prepetition payments to lenders made in furtherance of debtor's Ponzi scheme as fraudulent.
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Court
:
- 28 U.S.C.
Manty v. Ahmad Helal (In re Fifty Below Sales & Mktg.)
Apr
12
2013
Ruling
Bankruptcy court abstained from non-compete and confidentiality claims against debtor's former employer.
Procedural posture
Plaintiffs, a bankruptcy trustee and a purchaser of a bankruptcy debtor's ongoing business, brought an action in state court against defendant former employees of the debtor to enforce covenants not to compete and of confidentiality in the employment agreements of the employees. The employees removed the claims to the bankruptcy court, and the trustee and the purchaser moved for abstention and remand to state court under 28 U.S.C.S. § 1334(c).
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Court
:
- 11 U.S.C.
Stoebner v. Ritchie Capital Mgmt. LLC (In re Polaroid Corp.)
Apr
30
2012
Ruling
Grant of security interest in property made only to delay, hinder or defraud could be avoided.
Procedural posture
Plaintiff chapter 7 trustee's adversary proceeding sought to avoid, under 11 U.S.C. §§ 548, 544, the grant of security interests to defendants, entities that claimed to hold an enforceable security interest in certain aspects of debtor's intellectual property, specifically certain trademarks and associated rights. The trustee sought other relief, alternatively or additionally. The trustee moved for partial summary judgment.
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Court
:
- 11 U.S.C.
Town Centre Self Storage LLC v. Conoryea (In re Conoryea)
Nov
03
2011
Ruling
Debt arising from debtor's embezzlement from employer was nondischargeable.
Procedural posture
Plaintiff, an LLC that operated a self-storage unit business that had employed defendant, a Chapter 13 debtor, brought an adversary complaint for a ruling per 11 U.S.C.S. § 523(a)(4) that debtor's obligation to pay it $25,915 was nondischargeable on the ground that debtor had embezzled that sum from plaintiff. Plaintiff also sought a punitive damages award under Minn. Stat. § 604.14, subd. 1.
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Court
:
- 11 U.S.C.
Croix Oil Co. v. Moua (In re Moua)
Oct
14
2011
Ruling
Late-filed claim by unscheduled creditor was excepted from discharge.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking a determination that a debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(3)(A). The creditor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Wiczek
Jun
16
2011
Ruling
Debtors could not claim administrative expense claim in excess of amount available under §522(d)(5).
Procedural posture
This Chapter 7 case came before the court on the Chapter 7 Trustee's objection to debtors' amended claim of exemption in certain assets. Also, the Trustee requested an evidentiary hearing on her allegations of bad faith, and any inherent request for imposition of sanctions on debtors.
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Court
:
- 11 U.S.C.
Sullivan v. Welsh (In re Lumbar)
Mar
03
2011
Ruling
Trustee could not avoid quitclaim deed of exempt homestead property from debtor to parents that was not constructively fraudulent under state law.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant parents of a bankruptcy debtor seeking to avoid as actually and constructively fraudulent under bankruptcy and state law a transfer of real property from the debtor to the parents by quitclaim deed. The trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Keenan
Jan
07
2011
Ruling
Debtor's right of action for abuse by Catholic priest that occurred when he was a minor was not exempt absent evidence of bodily injury.
Procedural posture
Chapter 7 trustee objected to the debtors' claim of exemption under 11 U.S.C.S. § 522(d)(11)(D) in an asset described as personal injury claims against representatives of Catholic Church in Minnesota.
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Court
:
In re Chapman
Jun
10
2010
Ruling
Dismissal of chapter 7 case for abuse denied as case had originally been commenced under chapter 13.
Procedural posture
Though debtors, a married couple, filed a voluntary petition under chapter 13 and won plan confirmation, they sought postpetition to convert the case to one under chapter 7. The U.S. Trustee (UST) moved to dismiss for abuse per 11 U.S.C.S. § 707(b). Debtors opposed dismissal. At issue was whether § 707(b)(1) even applied to a case that had been commenced via a petition under chapter 13 was converted to one under chapter 7 postconfirmation.
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Court
:
- 11 U.S.C.
In re Robrock
May
21
2010
Ruling
Case dismissed for abuse after recalculation of current monthly income.
Procedural posture
The United States Trustee asserted that a bankruptcy debtor claimed improper reductions in calculating his current monthly income, and that a proper calculation of current monthly income raised a presumption of abuse of chapter 7 bankruptcy under 11 U.S.C.S. § 707(b)(1). The Trustee moved to dismiss the debtor's chapter 7 bankruptcy case.
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Court
: