- 11 U.S.C.
Falcon Creditor Trust v. RightChoice Managed Care (In re Falcon Prods.)
Feb
08
2008
Ruling
Bankruptcy court properly refused to avoid transfers to medical plan administrator when there would be no benefit to the estate.
Procedural posture
Plaintiff creditor trust brought an adversary proceeding in the United States Bankruptcy Court for the Eastern District of Missouri against defendant medical plan administrator, seeking to avoid and recover certain transfers from Chapter 11 debtors as preferential under 11 U.S.C.S. §§ 547 and 550. The bankruptcy court granted summary judgment in favor of the administrator. The trust appealed.
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Court
:
Killips v. Schropp (In re Prime Realty Inc.)
Dec
27
2007
Ruling
Bankruptcy court properly held that loan payments were not avoidable where trustee's analysis of debtor's insolvent status at time of transfers was flawed.
Procedural posture
Plaintiff trustee filed adversary proceedings against defendants, a corporation and two individuals, seeking an order avoiding transfers which a chapter 11 debtor made to the defendants, as either preferential transfers under 11 U.S.C. § 547(b) or constructively fraudulent transfers under 11 U.S.C. § 548(a)(1)(B). The Bankruptcy Court for the District of Nebraska entered judgment in favor of the defendants, and the trustee appealed.
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Court
:
Judge or Jurisdiction information not available
In re Interstate Bakeries Corp.
Dec
21
2007
Ruling
Court declined to accellerate deadline for interested party and union to file plan and disclosure statement.
Procedural posture
Movants, a group of affiliated chapter 11 debtors, filed an emergency motion for an order requiring an interested party and a union to file a plan of reorganization and a disclosure statement by a deadline earlier than that originally imposed and to prohibit them from filing such plan and disclosure statement at any later date. At issue, inter alia, was whether 11 U.S.C. § 105(b) empowered the court to issue the requested order.
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Court
:
In re Burden
Dec
20
2007
Ruling
Above-median debtors could not deduct payments on debts secured by property intended for surrender.
Procedural posture
The United States Trustee filed a notice reflecting her determination that a chapter 7 debtors'case was presumptively abusive pursuant to 11 U.S.C. § 707(b).
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Court
:
In re Weiser
Dec
18
2007
Ruling
Negative equity and gap insurance had a core nexus with vehicle purchase and did not defeat purchase money security interest status preventing bifurcation.
Procedural posture
A chapter 13 debtor filed an objection to a creditor's fully-secured proof of claim, asserting that the "hanging paragraph" at the end of 11 U.S.C. § 1325(a) did not apply. The creditor filed an objection to the confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
Wallace v. Educ. Credti Mgmt. Corp. (In re Wallace)
Nov
27
2007
Ruling
Debtor who flunked bar exam an was unable to secure permanent position granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff, a discharged chapter 7 debtor, filed an adversary proceeding seeking a determination that the student loan debt she incurred while obtaining her law degree was included in her discharge pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Future Trust Inc.
Nov
16
2007
Ruling
Liquidated debtor not entitled to unclaimed funds in court registry.
Procedural posture
A company, purportedly acting on behalf of the sole shareholder of the debtor, filed a motion to recover $167,504 in unclaimed funds that were on deposit in the registry of the court, pursuant to 11 U.S.C. §§ 347 and 1143. A chapter 11 trustee filed an objection to the motion, claiming that the State of Missouri was entitled to the unclaimed funds. The court held an evidentiary hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Brown v. American Educ. Servs. Inc.
Nov
13
2007
Ruling
Debtor whose sole income was social security and unemployment granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an action against defendant creditors for a determination pursuant to 11 U.S.C. § 523(a)(8) that the debtor's student loan obligation owed to the creditor should be discharged. The debtor claimed that excepting the loan from discharge would impose an undue hardship.
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Court
:
- 11 U.S.C.
In re Riding
Oct
30
2007
Ruling
Plan not confirmable due to debtor's failure to utilize disposable income calculation from Form 22C.
Procedural posture
A debtor filed for relief under chapter 13 and submitted a proposed chapter 13 plan. A trustee filed a motion objecting to the plan, pursuant to 11 U.S.C. § 1325, because the amount that the debtor proposed to pay was less than her form showed that she should pay.
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Court
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Brown v. Community Natl Bank (In re Martinous)
Oct
17
2007
Ruling
Mortgage refinance was preferential transfer as trustee's hypothetical judicial lien intervened between original mortgage and refinance.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer from the debtor as preferential under 11 U.S.C. § 547(b). The trustee moved for summary judgment.
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Court
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