- 11 U.S.C.
Milavetz Gallop & Milavetz PA v. United States
Dec
07
2006
Ruling
BAPCPA provision violates First Amendment rights by barring truthful as well as false and deceptive advertising.
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.
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Court
:
- 11 U.S.C.
In re Toberman
Nov
22
2006
Ruling
IRS was entitled to a priority unsecured claim for debtor's failure to remit withholding taxes.
Procedural posture
When debtor filed a chapter 7 bankruptcy proceeding, the IRS filed a proof of claim in which it asserted that, by reason of unpaid employee withholding taxes, it was a priority unsecured creditor under 11 U.S.C. § 507(a)(8) and was entitled to a stated sum in that capacity. The trustee objected to the IRS claim and also claimed that it was properly subordinated per 11 U.S.C. § 510(c).
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Court
:
- 11 U.S.C.
Mesaba Aviation Inc. v. Aircraft Mech. Fraternal Assn (In re Mesaba Aviation Inc.)
Oct
23
2006
Ruling
Injunction issued to prevent strike against debtor airline by unions after rejection of collecitve bargaining agreement.
Procedural posture
Chapter 11 debtor in possession filed a motion under Fed. R. Civ. P. 65(a), as incorporated by Fed. R. Bankr. P. 7065, for a preliminary injunction, seeking an injunction against its unions' exercise of self-help, i.e., striking, in the wake of debtor's court-authorized rejection of its collective bargaining agreements pursuant to 11 U.S.C. § 1113 and debtor's subsequent imposition of modified terms of employment.
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Court
:
- 11 U.S.C.
In re Harwick
Oct
13
2006
Ruling
Debtor entitled to claim standard amount for vehicle owner expense.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) 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.
Velde v. Kirsch (In re Miller)
Aug
29
2006
Ruling
Subsequent new value defense to avoidance not available where preferential payment was made to cure a bounced check.
Procedural posture
An involuntary chapter 7 petition was filed against debtor. Debtor converted the case to chapter 11. The case was later converted to chapter 7. The trustee commenced an adversary proceeding seeking to avoid a payment from debtor to a soybean seller of $44,955 as a preferential transfer. Pending was the trustee's motion for partial summary judgment. The complaint also sought to avoid a separate transfer, but it was not included in the motion.
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Court
:
- 11 U.S.C.
In re Espey
Aug
08
2006
Ruling
Refunds received under IRS Earned Income Credit and state tax law were not "local" public assistance benefits and were not exempt.
Procedural posture
A chapter 7 trustee objected to a debtor's claimed exemption under 11 U.S.C. § 522(d)(10)(A) of state and federal tax refunds under the Internal Revenue Service Earned Income Credit ("EIC") and Minnesota Department of Revenue Working Family Credit ("WFC") public assistance programs.
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Court
:
OneBeacon Amer. Ins. Co. v. A.P.I. Inc.
May
25
2006
Ruling
Plan containing trust succeeding to debtor's rights in asbestos insurance policies confirmed.
Procedural posture
Appellant insurer challenged an order of the bankruptcy court, which confirmed a plan of reorganization of appellee debtor, a distributor of insulation that contained asbestos.
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Court
:
- 11 U.S.C.
In re Hyman Freightways Inc.
May
18
2006
Ruling
Court denied trustee's motion seeking refund of professional fees since payments were authorized by Bankruptcy Code and approved by court.
Procedural posture
The chapter 7 trustee, purportedly under 11 U.S.C. § 726(a), filed a motion seeking a refund of professional fees from three groups of professionals who provided services to the debtor during the time the debtor was in chapter 11.
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Court
:
- 11 U.S.C.
In re Mesaba Aviation Inc.
May
18
2006
Ruling
Debtor was denied motion to reject collective bargaining agreements despite compliance with most of section 1113 requirements since debtor had not provided union with software model for making its projections.
Procedural posture
A bankruptcy debtor, a regional airline whose only customer was a network carrier which was also in bankruptcy, proposed to modify collective bargaining agreements with unions representing the debtor's employees to reduce the debtor's labor costs in reorganization. After the unions rejected the debtor's proposal, the debtor moved for authority to reject the collective bargaining agreements pursuant to 11 U.S.C. § 1113.
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Court
:
- 11 U.S.C.
In re Kurtzahn
Jan
31
2006
Ruling
Debtor was denied an extension of an automatic stay since the debtor could not prove the second filing's plan was feasible and the filing was not made in bad faith.
Procedural posture
The debtor filed a motion under 11 U.S.C. § 362(c)(3)(B) — one of the provisions added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8 — to extend the automatic stay beyond the 30-day limit.
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Court
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