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).
ABI Membership is required to access the full summary of FIA Card Servs. V. Knoche (In re Shahidulla) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Ritchie Capital Mgmt. LLC v. Jeffries
Feb
02
2012
Ruling
Abstention proper for RICO action filed for tactical purposes that duplicated ongoing adversary proceeding.
Procedural posture
Defendant corporate officers filed motions to dismiss plaintiff investment funds' action, which alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. § 1962(a),(c)-(d), common law fraud, and tortious interference with contract.
ABI Membership is required to access the full summary of Ritchie Capital Mgmt. LLC v. Jeffries Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Town Centre Self Storage LLC v. Conoryea (In re Conoryea) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Croix Oil Co. v. Moua (In re Moua) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Guzick v. Nyberg (In re Nyberg)
Oct
12
2011
Ruling
Debt from debtor's use of power of attorney to steal decedent's funds was nondischargeable as to debtor but not as to debtor spouse.
Procedural posture
This matter came before the court on the complaint under 11 U.S.C.S. § 523(a)(6) brought by plaintiff, as personal representative of the estate of a deceased and as trustee of a trust (hereafter, the "trustee"). Defendants were debtors, husband and wife. At the conclusion of the trial, the court took the matter under advisement.
ABI Membership is required to access the full summary of Guzick v. Nyberg (In re Nyberg) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tompkins v. Rogowski (In re Rogowski)
Aug
19
2011
Ruling
Debtor tenant's breach of lease and failure to maintain premises were not grounds for nondischargeability.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a debt arising out of the debtors' lease and occupancy of residential property owned by the creditor and underlying a state court default judgment was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(6).
ABI Membership is required to access the full summary of Tompkins v. Rogowski (In re Rogowski) 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 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.
ABI Membership is required to access the full summary of In re Wiczek 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. 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.
ABI Membership is required to access the full summary of Sullivan v. Welsh (In re Lumbar) 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 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.
ABI Membership is required to access the full summary of In re Keenan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
SJI Inc. v. Staehnke (In re SJI Inc.)
Dec
29
2010
Ruling
Bankruptcy court declined to abstain from hearing fact driven contract claim based on well settled law.
Procedural posture
Defendants filed a claim for $86,221, arising from remodeling by plaintiff debtor. Debtor objected and counterclaimed for breach of contract in the amount of $146,000, for additional unpaid materials and labor provided and performed. The counterclaim also alleged debtor was owed $248,465, based upon quantum meruit, plus interest, costs, disbursements, and fees. Defendants sought abstention by the court in liquidating the claim and counterclaim.
ABI Membership is required to access the full summary of SJI Inc. v. Staehnke (In re SJI Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: