In re Johnson
Jul
16
2013
Ruling
Debtors could not reopen case four years after dismissal for failure to file certificates of completion of financial management course.
Procedural posture
Bankruptcy debtors' case was closed without a discharge based on the debtors' failure to file certificates of completion of a financial management course, and the debtors filed the certificates shortly after the case was closed. Approximately four years later, the debtors moved to reopen their bankruptcy case.
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Court
:
- 11 U.S.C.
Mathieu v. Educational Credit Mgmt. Corp. (In re Mathieu)
Apr
15
2013
Ruling
Undue hardship discharge of student loan debt granted due to low income and expense of caring for special needs son.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant creditor, seeking a determination that student loan debt in the amount of $140,640 she owed to the creditor was dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
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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
:
Dietz v. Barth (In re Barth)
Feb
11
2013
Ruling
Postpetition payments to debtor from Indian community for gaming operation were not property of the estate.
Procedural posture
Bankruptcy trustees filed adversary proceedings in three chapter 7 bankruptcy cases, seeking orders requiring debtors, who were all members of the Lower Sioux Indian Community, to turn over postpetition payments they received from the Community. The debtors opposed the trustees' actions, and the parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Flagship Franchises of Minn. LLC
Jan
04
2013
Ruling
Appointment of patient care ombudsman denied as not necessary for protection of debtor's clients.
Procedural posture
Chapter 11 debtor, an adult health care day center, filed an expedited motion requesting that the court determine that the appointment of a patient care ombudsman was not necessary here pursuant to 11 U.S.C.S. § 333(a)(1).
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Court
:
- 11 U.S.C.
Ries v. Legendary Marine Inc. (In re Genmar Holdings Inc.)
Oct
29
2012
Ruling
Creditor not entitled to setoff against preference claim.
Procedural posture
Trustee sought summary judgment on its claim to recover a preference per 11 U.S.C.S. § 547 from defendant creditor. When defendant moved for summary judgment on claims that it was entitled to a setoff per 11 U.S.C.S. § 553 and /or to common law recoupment, plaintiff challenged the availability of either remedy.
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Court
:
- 11 U.S.C.
Heide v. David L. (In re David L.)
Sep
28
2012
Ruling
False representations in agreements to finance vehicles for sale at used car dealership resulted in nondischargeable debt.
Procedural posture
Following a reversal and remand by the Bankruptcy Appellate Panel for the Eighth Circuit, trial was held on plaintiff creditor's complaint against chapter 7 debtor husband seeking a determination of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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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
:
In re Zellmer
Feb
23
2012
Ruling
Plan modification denied due to failure to provide required number of monthly payments.
Procedural posture
This matter came before the court on the chapter 13 Trustee's motion to dismiss or convert for failure of debtor to make payments due as required by the confirmed plan in the case. Debtor countered with a motion to confirm a proposed modified plan, to which the trustee objected.
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Court
:
- 11 U.S.C.
FIA Card Servs. V. Knoche (In re Shahidulla)
Feb
22
2012
Ruling
Debtor awarded attorneys' fees and costs for defending nondischargeability proceeding that did not have reasonable basis in fact.
Procedural posture
Credit card company filed a proceeding seeking to except from discharge, pursuant to 11 U.S.C.S. § 523(a)(2)(A), $3,359 plus interest in credit card debt owed by defendant debtor. The matter was before the court pursuant to paragraph 3 of its order dated January 13, 2012 in which it ordered the parties to file briefs on the issue of whether it should enter an award of costs and reasonable fees to debtor pursuant to 11 U.S.C.S. § 523(d).
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Court
: