- 11 U.S.C.
Alliant Bank v. Baker (In re Baker)
Oct
19
2009
Ruling
False financial statement on which creditor did not rely in extending loan or refinance did not render debt nondischargeable.
Procedural posture
Plaintiff creditor filed a complaint objecting to discharge of defendant debtors' debt to the creditor under 11 U.S.C.S. § 523(a)(2)(B). The matter was pending decision following trial.
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Court
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- 11 U.S.C.
In re President Casinos Inc.
Oct
14
2009
Ruling
Confirmation order not binding on creditor who did not receive proper notice of petition.
Procedural posture
The debtor, for itself and as trustee of a distribution trust, filed an objection to the claim brought by a claimant against the debtor and another debtor on the grounds that the claimant filed her claim in the wrong case and that the claim was barred because it was filed after the claims bar date and the administrative claims bar date.
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Court
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Huling v. Business Bank of St. Louis (In re Huling)
Oct
08
2009
Ruling
Deed of trust recorded 33 days before petition date was an avoidable preferential transfer.
Procedural posture
Plaintiff chapter 11 debtors filed an adversary proceeding against defendant bank, seeking a determination that a deed of trust they gave the bank to secure a loan was avoidable under 11 U.S.C.S. § 547(b) as a preferential transfer. The debtors filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Dickey
Sep
16
2009
Ruling
Claim for previously waived legal fees allegedly modified by oral agreement disallowed on debtor's objection.
Procedural posture
Before the court was debtor's Amended Objection to Claim # 2 which objected to Amended Claim # 2 filed by a claimant in the amount of $ 10,670.
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Court
:
- 11 U.S.C.
Armin Tool & Mfg. v. Continentalafa Dispensing Co. (In re Continentalafa Dispensing Co.)
Sep
14
2009
Ruling
Creditor's claim limited to amount of approved sale of collateral to which creditor did not object.
Procedural posture
Creditor filed an adversary proceeding against defendants, a chapter 11 debtor and two funds, seeking an order determining the priority and validity of liens the creditor held on personal property. A committee of unsecured creditors was allowed to intervene, and the debtor, the committee, and the funds filed answers to the creditor's complaint. The case was tried to the court.
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Court
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In re Glenn
Aug
03
2009
Ruling
Conversion to chapter 13 denied because the debtor failed to show ability to fund a plan.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code on February 11, 2009, and on April 3, 2009, she filed a motion under 11 U.S.C.S. § 706(a), seeking an order converting her case to one under chapter 13 of the Bankruptcy Code. A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection to the debtor's motion.
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Court
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Bridges v. Continentalafa Dispensing Co. (In re Continentalafa Dispensing Co.)
Mar
27
2009
Ruling
Prepetition WARN Act claim was not entitled to administrative expense status.
Procedural posture
Former employee filed a class action adversary proceeding against debtors, his former employers, on behalf of himself and a class of similarly situated former employees of the debtors seeking damages under the Worker Adjustment and Retraining Notification Act (WARN Act) for termination of employment without 60-days advance written notice. The debtors moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
Radloff v. Ewing (In re Ewing)
Oct
28
2008
Ruling
Discharge revoked due to debtor's failure to turn over tax refund to trustee.
Procedural posture
Plaintiff, a chapter 7 trustee, filed a complaint to revoke a discharge granted to defendant debtor, or alternatively, for turnover against the debtor. The court held a trial and issued findings of fact and conclusions of law.
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In re Callicott
Apr
14
2008
Ruling
Negative equity in vehicle loan was not included in purchase money security interest and not entitled to protection under hanging paragraph.
Procedural posture
In a debtor's chapter 13 case, a creditor filed a proof of claim secured by the debtor's purchase of a vehicle. The debtor objected to the amount of the claim, asserting that the creditor's purchase money security interest did not extend to the negative equity included in the loan.
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Court
:
- 11 U.S.C.
Kuschel v. Kuschel (In re Kuschel)
Apr
12
2007
Ruling
Debtor's obligation to former spouse on note consolidating their student loans was dischargeable.
Procedural posture
Plaintiff debtor filed an amended complaint to determine dischargeability pursuant to 11 U.S.C. § 523(a)(15) and for declaratory judgment.
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Court
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