Dietz v. Langlie (In re Farr)
Jun
08
2009
Ruling
Repayment of funds mistakenly paid to debtor contractor by creditor's bank could be avoided.
Procedural posture
Plaintiff appealed from a judgment of the bankruptcy court for the District of Minnesota, which held that funds previously held in the debtor's bank account were held subject to a constructive trust in favor of defendant creditor. The trustee argued that the funds were an asset of the debtor and that the pre-bankruptcy payment of the funds to the creditor was a preferential or fraudulent transfer.
ABI Membership is required to access the full summary of Dietz v. Langlie (In re Farr) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
ONeal v. DePriest (In re DePriest)
Mar
26
2009
Ruling
Discharge revoked due to fraudulent nondisclosure of interest in LLC.
Procedural posture
A chapter 7 bankruptcy trustee and the United States Trustee (UST), brought adversary proceedings against debtor alleging that the debtor failed to disclose his interest in a limited liability company (LLC). The UST sought revocation of the debtor's discharge under 11 U.S.C.S. § 727(d), the trustee sought a judgment for the amount in the LLC's account on the date of the debtor's petition.
ABI Membership is required to access the full summary of ONeal v. DePriest (In re DePriest) 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 Bellingroehr
Mar
18
2009
Ruling
Debtor could claim exemption in entireties property transferred to trust.
Procedural posture
A debtor filed for relief under chapter 7. Chapter 7 trustee objected to the debtor's claimed exemptions in certain assets as tenancy by entireties, pursuant to 11 U.S.C.S. § 522(b)(3)(B).
ABI Membership is required to access the full summary of In re Bellingroehr Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Grueneich v. Doeling (In re Grueneich)
Mar
11
2009
Ruling
Exemption erroneously claimed as homestead exemption and exemption in worthless stock were not indicative of bad faith.
Procedural posture
Appellant bankruptcy debtor claimed homestead exemptions in real estate which was not the debtors' homestead, without objection, and the debtor subsequently amended his schedules to claim an additional exemption in stock with no value. The debtor appealed the order of the bankruptcy court for the District of Minnesota which sustained the bankruptcy trustee's objection to the exemptions.
ABI Membership is required to access the full summary of Grueneich v. Doeling (In re Grueneich) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Carey
Mar
09
2009
Ruling
Confirmation denied as plan was not feasible.
Procedural posture
Chapter 13 trustee moved to deny confirmation of each of the debtors' chapter 13 plans because such plans provided that the debtors would make postpetition mortgage payments directly to the respective mortgage holder, and not as part of their chapter 13 plan payments to the trustee. The court held a joint hearing.
ABI Membership is required to access the full summary of In re Carey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Petro v. Miller (In re Miller)
Mar
06
2009
Ruling
Default judgment for racial discrimination was nondischargeable.
Procedural posture
The assignee of a default judgment for racial discrimination in employment, sought a determination that debtor be denied a discharge pursuant to 11 U.S.C.S. § 727(a)(4) for failing to disclose assets on his bankruptcy schedules, or that the judgment debt be declared nondischargeable under 11 U.S.C.S. § 523(a)(6) for willful and malicious injury, asserting that collateral estoppel applied to the state court judgment.
ABI Membership is required to access the full summary of Petro v. Miller (In re Miller) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Marie v. Citibank NA (In re Groves)
Nov
21
2008
Ruling
Student loan debts discharged to the extent that repayment would impose an undue hardship.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant finance companies, seeking a determination that $ 216,849 in student loans she owed two companies were dischargeable under 11 U.S.C.S. § 523(a)(8) because repaying the loans would have imposed an undue hardship.
ABI Membership is required to access the full summary of Marie v. Citibank NA (In re Groves) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Blodgett v. Stoebner (In re T.G. Morgan Inc.)
Oct
01
2008
Ruling
Objections to trustee's final report properly overruled where objectors did not have allowed claims and lacked standing.
Procedural posture
Appellant objectors sought review of a decision of the United States Bankruptcy Court for the District of Minnesota, which denied their objections to a final report filed by a chapter 7 trustee and which denied their motion for reconsideration filed under Fed. R. Civ. P. 60(b).
ABI Membership is required to access the full summary of Blodgett v. Stoebner (In re T.G. Morgan Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Carlson v. Moratzka (In re Carlson)
Sep
10
2008
Ruling
Bankrtuptcy court properly denied non-wage earning debtor spouse's claim for exemption in tax refunds.
Procedural posture
Debtors, a husband and wife, filed a petition under capter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to the wife's claim that she was entitled to claim half of federal and state income tax refunds she and her husband received as exempt property. The Bankruptcy Court for the District of Minnesota sustained the objection, and the wife appealed.
ABI Membership is required to access the full summary of Carlson v. Moratzka (In re Carlson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Ward
Aug
08
2008
Ruling
Prepetition forbearance agreement could be incorporated into plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bank, acting as indenture trustee for registered noteholders, filed an objection to confirmation of the debtors' plan.
ABI Membership is required to access the full summary of In re Ward Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: