Belfor USA Group Inc. v. Hopkins (In re Hopkins)
Mar
12
2012
Ruling
Debt was nondischargeable due to debtor's negotiation of check that should have been paid to creditor.
Procedural posture
Plaintiff creditor sought a determination of nondischargeability of its debt, pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6), arising from debtor's negotiation of a check that should have been credited to the creditor for debris removal.
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Court
:
- 11 U.S.C.
Stoebner v. Consumers Energy Co. (In re LGI Energy Solutions Inc.)
Dec
08
2011
Ruling
Utility payments made by debtor billing agent that commingled customers' payments with other funds could be avoided unless traceable to identifiable funds.
Procedural posture
Bankruptcy trustee brought adversary proceedings against appellee power utilities seeking to avoid payments to the utilities from a bankruptcy debtor as a billing agent for utility customers as preferential and fraudulent transfers under 11 U.S.C.S. §§ 547, 548. The trustee appealed the orders of the U.S. Bankruptcy Court for the District of Minnesota which granted summary judgment to the utilities.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Allred v. Vilhauer (In re Vilhauer)
Oct
11
2011
Ruling
Discharge properly denied due to failure to adequately explain loss of cattle.
Procedural posture
Appellant debtors sought review of a judgment of the United States Bankruptcy Court for the District of South Dakota, which ruled in favor of appellee Chapter 7 trustee and denied the debtors' discharge pursuant to 11 U.S.C.S. § 727(a)(5).
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Court
:
Judge or Jurisdiction information not available
Treadwell v. Lodge (In re Treadwell)
Sep
27
2011
Ruling
On remand, collateral estoppel held to apply to debt as nondischargeable on grounds of fraud, which was imputed to debtor spouse.
Procedural posture
Husband and wife debtors brought an adversary proceeding against creditor to avoid a lien, and the creditor counterclaimed for nondischargeability of a judgment debt under 11 U.S.C.S. § 523(a) based on the debtors' fraud. Upon remand from the U.S. Court of Appeals for the Eighth Circuit, the bankruptcy court considered whether collateral estoppel applied and whether the wife's fraud was imputed to the husband.
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Court
:
Keeley & Grabanski Land Pship v. Keeley (In re Keeley & Grabanski Land Pship)
Sep
06
2011
Ruling
Chapter 11 trustee properly appointed in involuntary case due to fraud by debtors and their partners.
Procedural posture
Chapter 11 debtor challenged a decision of the U. S. Bankruptcy Court for the District of North Dakota, appointing a trustee in its involuntary chapter 11 case under 11 U.S.C.S. § 1104(a).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Foresee
Aug
04
2011
Ruling
Confirmation denied due to failure to account for value of one-half of mutual fund and stocks.
Procedural posture
A chapter 13 trustee filed a motion to deny confirmation of the debtors' chapter 13 plan on the ground that it did not account for non-exempt equity in accounts jointly held by the debtor wife with her brother and mother in violation of 11 U.S.C.S. § 1325(a)(4). Those accounts included a certificate of deposit (CD), a mutual fund, and shares of stock in three companies.
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Court
:
- 11 U.S.C.
National Bank of Ark. V. Panther Mt. Land Dev. LLC (In re Panther Mt. Land Dev. LLC)
Apr
15
2011
Ruling
Denial of relief from stay to allow creditor to proceed against debtor developer and its special improvement district affirmed, absent cause.
Procedural posture
Appellant, a secured creditor bank holding mortgages on some of chapter 11 appellee debtor's real property, appealed from an order of the United States Bankruptcy Court for the Eastern District of Arkansas, that denied creditor's motion for relief from the automatic stay, under 11 U.S.C.S. § 362(a)(3). The creditor wished to proceed with a state court foreclosure action against the debtor and its newly formed special improvement districts.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bauer
Mar
25
2011
Ruling
Confirmation denied where debtor reconveyed property that parents had conveyed to debtor without debtor's knowledge.
Procedural posture
A bankruptcy trustee moved to deny confirmation of Chapter 13 bankruptcy debtors' plan because one debtor's transfer of a partial interest in real property to a parent was a fraudulent transfer, and the debtors' plan did not provide for payment of the value of the one debtor's interest to unsecured creditors as required by 11 U.S.C.S. § 1325(a)(4).
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Court
:
Lovald v. Hunter (In re Paul)
Mar
07
2011
Ruling
Transfers that were constructively fraudulent under state law could not be avoided absent evidence debtor engaged in transaction for which assets were unreasonably small.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendants, the stepmother and sister of a debtor who declared Chapter 7 bankruptcy, seeking a determination that transfers the debtor made could be avoided under 11 U.S.C.S. § 544(b) because they were fraudulent under Wyo. Stat. Ann. § 34-14-205. The United States Bankruptcy Court for the District of South Dakota found in favor of defendants, and the trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kendall v. Able Debt Settlement Inc. (In re Kendall)
Dec
09
2010
Ruling
Bankruptcy court did not err in denying avoidance of service fees for debt adjustment as fraudulent transfers.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary complaint against defendant debt settlement company in which it sought to recover service fees paid by the debtors on the ground that the fees were fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B). The United States Bankruptcy Court for the District of North Dakota entered judgment in favor of defendant. Plaintiff appealed.
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Court
:
Judge or Jurisdiction information not available