- 11 U.S.C.
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
Court
:
In re Vian
Jun
01
2007
Ruling
Debtor not entitled to extension of time to obtain credit counseling due to failure to sign application or specify sufficient grounds.
Procedural posture
A debtor filed a bankruptcy petition and applied for an extension of time to obtain credit counseling services under 11 U.S.C. § 109(h) based on exigent circumstances involving harassment by creditors.
ABI Membership is required to access the full summary of In re Vian Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sullivan v. Schultz (In re Schultz)
May
14
2007
Ruling
Transfer of disabled debtor's inheritance into special needs trust was not avoidable.
Procedural posture
Plaintiff chapter 7 trustee brought a complaint seeking to avoid the transfer of debtor's inheritance from her grandmother into a special needs trust as a fraudulent transfer pursuant to 11 U.S.C. § 548, to recover the transfer from the special needs trustee pursuant to 11 U.S.C. § 550(a). The issue was whether debtor received reasonable equivalent value, for purposes of 11 U.S.C. § 548(a)(1)(B).
ABI Membership is required to access the full summary of Sullivan v. Schultz (In re Schultz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rendler
May
01
2007
Ruling
Incarcerated debtor prevented from obtaining credit counseling by prison officials denied exemption or extension due to failure to file required certificate.
Procedural posture
In his chapter 7 bankruptcy case, the debtor sought an exemption from the requirement of receiving credit counseling services, asserting that his circumstances were exigent under 11 U.S.C. § 109(h)(3)(A)(i).
ABI Membership is required to access the full summary of In re Rendler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jesperson v. United States Dept of Educ. (In re Jesperson)
Apr
16
2007
Ruling
Recovering alcoholic with two minor childred to support and record of low wages despite law degree granted undue hardship discharge of student loan debt.
Procedural posture
Chapter 7 debtor filed a complaint against defendant creditors, seeking a discharge of student loan debt owed to the creditors under 11 U.S.C. § 523(a)(8).
ABI Membership is required to access the full summary of Jesperson v. United States Dept of Educ. (In re Jesperson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Velde v. Kirsch
Apr
12
2007
Ruling
Issuance of check to replace prior check drawn on insufficient funds resulting in release of lien was a contemporaneous exchange for new value.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding seeking to avoid an alleged preferential transfer made to defendant creditor. The creditor appealed after the bankruptcy court granted summary judgment to the trustee, finding that a check that the creditor had received from the chapter 7 debtor was an avoidable preferential transfer under 11 U.S.C. § 547(b).
ABI Membership is required to access the full summary of Velde v. Kirsch Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Heather Apts. Ltd. Pship
Mar
28
2007
Ruling
Extension of stay to allow debtor additional time to make mortgage payments denied.
Procedural posture
Debtor, a Minnesota limited partnership, filed a voluntary petition under chapter 11. Less than 90 days after it filed its petition, the debtor filed a motion under 11 U.S.C. § 362(d)(3), seeking additional time to begin paying a mortgagee.
ABI Membership is required to access the full summary of In re Heather Apts. Ltd. Pship Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sterling State Bank v. Mittelstaedt
Dec
21
2006
Ruling
Withdrawal of reference not appropriate where adversary proceeding required only routine consideration of RICO.
Procedural posture
Before the court were plaintiff creditor's motions to withdraw reference of two cases. The motions originated from separate adversary actions currently before the bankruptcy court. The adversary cases were filed by the creditor against defendants, chapter 7 debtors, under 11 U.S.C. § 523(a), alleging that each debtor had nondischargeable debt arising from allegedly fraudulent acts.
ABI Membership is required to access the full summary of Sterling State Bank v. Mittelstaedt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Fokkena v. Fredrickson & Byron PA (In re Hyman Freightways Inc.)
Dec
20
2006
Ruling
Bankruptcy court properly refused to order disgorgement of interim professional fees in converted case.
Procedural posture
The United States Trustee appealed a decision of the bankruptcy court, which denied the trustee's motion for a refund of professional fees.
ABI Membership is required to access the full summary of Fokkena v. Fredrickson & Byron PA (In re Hyman Freightways Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Milavetz Gallop & Milavetz PA v. United States
Dec
07
2006
Ruling
BAPCPA provision requiring "debt relief agencies" to give advice favoring creditors over debtor clients violated duty of loyalty as applied to attorneys.
Procedural posture
Plaintiffs, practicing bankruptcy attorneys, sought an order declaring portions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") that restricted and compelled speech on the part of debt relief agencies unconstitutional as violative of the First Amendment, at least as applied to attorneys. Defendant United States moved to dismiss the claim for failure to state a claim upon which relief can be granted.
ABI Membership is required to access the full summary of Milavetz Gallop & Milavetz PA v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: