In re CRI Inc.
Sep
13
2006
Ruling
Trustee's motion to sell assets free and clear of liens granted over objection of debtor's attorneys.
Procedural posture
The chapter 7 trustee filed a motion to sell assets free and clear of liens, encumbrances and other interests. The trustee proposed to sell the debtor's interest in a wholly-owned subsidiary, including its title to real estate.
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Court
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In re Nicely
Sep
07
2006
Ruling
Where debtor proposed to surrender vehicles subject to section 1325(a) hanging paragraph, allowing creditors to claim deficiency would create impermissible bifurcation of claim.
Procedural posture
Creditors filed motions pursuant to Fed. R. Civ. P. 60, incorporated into bankruptcy proceedings by Fed. R. Bankr. P. 9024, to vacate the court's orders, which overruled their objections to debtors'chapter 13 plan.
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Court
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Pyatt v. Brown
Aug
31
2006
Ruling
Funds drawn on by prepetition checks cashed postpetition would properly recovered from payees not by turnover by debtor.
Procedural posture
Appellee chapter 7 trustee filed a motion seeking to require appellant chapter 7 debtor to turn over assets in a bank account pursuant to 11 U.S.C. § 542(a), which assets covered checks that the debtor wrote prepetition, but which checks were cashed postpetition. The debtor appealed after the Bankruptcy Court for the Eastern District of Missouri granted the trustee's motion.
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- 11 U.S.C.
Neal v. The Kansas City Star (In re Neal)
Aug
29
2006
Ruling
Bankrutpcy court abused discretion in sealing list of creditorsas list was not scandalous or defamatory.
Procedural posture
Appellants, a debtor and her unnamed creditors, sought review of a judgment of the District Court for the Western District of Missouri, which granted appellee newspaper's motion to reverse and vacate a bankruptcy court's order sealing the list of creditors under 11 U.S.C. § 107(b)(2).
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- 11 U.S.C.
Velde v. Kirsch (In re Miller)
Aug
29
2006
Ruling
Subsequent new value defense to avoidance not available where preferential payment was made to cure a bounced check.
Procedural posture
An involuntary chapter 7 petition was filed against debtor. Debtor converted the case to chapter 11. The case was later converted to chapter 7. The trustee commenced an adversary proceeding seeking to avoid a payment from debtor to a soybean seller of $44,955 as a preferential transfer. Pending was the trustee's motion for partial summary judgment. The complaint also sought to avoid a separate transfer, but it was not included in the motion.
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Court
:
- 11 U.S.C.
In re Beene
Aug
27
2006
Ruling
Objection to amended chapter 13 plan in converted case sustained due to potential windfall to unsecured creditors if mortgagee's claim were avoided.
Procedural posture
The chapter 13 trustee raised objections to confirmation of the debtors'amended plan, asserting that the plan violated the 11 U.S.C. § 1325(a)(4) best interest of creditors test because unsecured creditors would receive a greater distribution in a chapter 7 liquidation, where debtors'defective mortgage could be avoided.
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Court
:
In re Osborn
Aug
22
2006
Ruling
Creditor qualifying under hanging paragraph of section 1325(a) had secured claim for full amount due as of petition date.
Procedural posture
Chapter 13 debtors objected to the unsecured proof of claim filed by a creditor. The creditor objected to confirmation of the debtors'proposed chapter 13 Plan, which proposed to surrender the vehicle securing the creditor's claim in full satisfaction of such claim.
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Court
:
- 11 U.S.C.
Ridgeway v. Ridgeway
Aug
21
2006
Ruling
Non-support property settlement obligations were excepted from discharge where benefit of discharge did not outweigh detriment to former spouse.
Procedural posture
Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
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Court
:
- 11 U.S.C.
Hardin v. Hardin
Aug
21
2006
Ruling
Debt to former spouse was dischargeable where former spousehad substantial income and assets and debtor was struggling.
Procedural posture
Plaintiff was the former husband of defendant debtor. He filed a complaint seeking a determination that certain debts owed by the debtor were excepted from discharge pursuant to 11 U.S.C. § 523(a)(15). Plaintiff asserted a nondischargeable claim arising from the parties'decree of dissolution.
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Court
:
In re Beene
Aug
18
2006
Ruling
Confirmation denied where unsecured creditors would receive greater distribution in chapter 7.
Procedural posture
Chapter 13 trustee objected to the confirmation of debtors' plan on the grounds that the plan did not comply with 11 U.S.C. § 1325(a).
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Court
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