Annual Spring Meeting | April 11-14 | Washington, D.C. Register Today View Schedule

Judge Dow

In re Triepke

The trustee filed a motion pursuant to 11 U.S.C.S. § 329 for disgorgement of fees against an attorney for debtors and his firm.
Ruling: 
Attorney who did not adequately review debtors' information before preparing and filing schedules sanctioned but not ordered to disgorge fees.
ABI Membership is required to access the full summary of In re Triepke. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 12,2012, LexisNexis #0512-003

Boliaux v. Auto Fin. Corp.

Creditors brought an adversary proceeding against chapter 7 debtor in the U. S. Bankruptcy Court for the Northern District of Illinois, seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523 and that the debtor was not entitled to a discharge under 11 U.S.C.S. § 727. The bankruptcy court granted summary judgment for the creditors and denied a discharge. The debtor appealed.
Ruling: 
Denial of discharge did not violate due process and was upheld.
ABI Membership is required to access the full summary of Boliaux v. Auto Fin. Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2011, LexisNexis #1011-126

Vitzthum v. EduCap Inc. (In re Vizthum)

Plaintiff bankruptcy debtors brought an adversary proceeding against a creditor seeking a determination that a student loan obtained by the debtors and their child from the creditor, which was used by the debtors' child for educational purposes, was not barred from discharge by 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt on which debtor parents were co-obligors was nondischargeable.
ABI Membership is required to access the full summary of Vitzthum v. EduCap Inc. (In re Vizthum). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 07,2011, LexisNexis #1011-090

Harder v. JPPCS Inc. (In re Graff)

Trustee filed adversary actions against creditors seeking to avoid preferential transfers pursuant to 11 U.S.C.S. § 547. The creditors asserted an affirmative defense under 11 U.S.C.S. § 547(c)(2) for transfers made in the ordinary course of business.
Ruling: 
Late payments by debtor construction business to suppliers and contractors were made in the ordinary course of business and not preferential.
ABI Membership is required to access the full summary of Harder v. JPPCS Inc. (In re Graff). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 08,2011, LexisNexis #0811-023

In re Schultz

In three cases, the Chapter 13 trustee filed motions to deny confirmation of Chapter 13 debtors' proposed Chapter 13 plans on the grounds that the debtors were not committing all of their projected disposable income to the payment of unsecured creditors pursuant to the plan as required by 11 U.S.C.S. § 1325(b).
Ruling: 
Confirmation denied due to improper claim for additional operating expense allowance on unencumbered vehicles that were six or more years old.
ABI Membership is required to access the full summary of In re Schultz. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 14,2011, LexisNexis #0711-061

Kyte v. Clifton (In re Clifton)

Creditor sought a determination that the judgment debt owed to him by debtor, in the amount of $97,767, be deemed nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), (a)(6), and that the doctrine of collateral estoppel should bar relitigation of this issue. The adversary proceeding came before the court on the creditor's Motion for Summary Judgment.
Ruling: 
Collateral estoppel applied to state court judgment so that debt was nondischargeable due to debtor's fraudulent misrepresentations.
ABI Membership is required to access the full summary of Kyte v. Clifton (In re Clifton). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 07,2011, LexisNexis #0711-013

In re Hutchison

A secured creditor objected to the debtor's amended Chapter 13 plan, which sought to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329 to surrender a vehicle after having elected in her confirmed plan to retain the vehicle and pay its value over the course of the plan.
Ruling: 
Plan modification proposing surrender of vehicle approved on condition that debtor pay creditor amount equivalent to missed plan payments.
ABI Membership is required to access the full summary of In re Hutchison. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0211-135

Olsen v. JPMorgan Chase Bank (In re Woods)

Plaintiff Chapter 7 trustee filed a complaint against defendant creditor. In Count 1, the trustee sought to avoid a preferential transfer under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment on Count 1.
Ruling: 
Transfer was avoidable where perfection occurred within preference period.
ABI Membership is required to access the full summary of Olsen v. JPMorgan Chase Bank (In re Woods). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 25,2011, LexisNexis #0211-059

Callaway Bank v. Asbury (In re Asbury)

Creditor filed a complaint against chapter 7 debtors, a husband and wife, asserting that debt owed by the debtors to the creditor should be declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B), (a)(4) and (a)(6). The court previously found that the husband's debt to the creditor was nondischargeable. The sole remaining issue was whether the wife's debt was also nondischargeable.
Ruling: 
Debt owed by debtor who was business partner with debtor spouse was nondischargeable due to imputation of spouse's fraud.
ABI Membership is required to access the full summary of Callaway Bank v. Asbury (In re Asbury). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 06,2011, LexisNexis #0211-019

Premier Bank v. Falco (In re Falco)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor made a claim for attorney's fees under § 523(d), which the creditor opposed.
Ruling: 
Timing of petition after renegotiation of loan and substitution of collateral did not provide grounds for nondischargeability absent showing of damages.
ABI Membership is required to access the full summary of Premier Bank v. Falco (In re Falco). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 03,2010, LexisNexis #1210-115

Pages

Subscribe to Judge Dow