Hedquist v. Fokkena (In re Hedquist)
Apr
21
2006
Ruling
Court rejected equal protection argument of pro se debtor in dismissing debtor's case for failing to comply with section 109(h) credit counseling requirement.
Procedural posture
Appellant, a pro se debtor, challenged a decision of the Bankruptcy Court for the District of Minnesota that held debtor and his wife were ineligible to file their chapter 11 bankruptcy case for failing to comply with the credit counseling requirements of 11 U.S.C. § 109(h), dismissed their case.
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Fokkena v. Hippen
Apr
17
2006
Ruling
Discharge was denied due to debtor's material false statements.
Procedural posture
Plaintiff trustee filed an adversary complaint against defendant debtor to deny the debtor's discharge under 11 U.S.C. § 727(a)(2) and (a)(4). The trustee claimed that the debtor attempted to transfer or conceal property and gave a false oath or account.
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Court
:
- 11 U.S.C.
Bala v. Kaler (In re Racing Servs.)
Apr
04
2006
Ruling
Court affirmed the bankruptcy court's order that equitably subordinated an application for unpaid postpetition rent to all other allowed claims including criminal judgments involving inequitable conduct that injured creditors.
Procedural posture
Appellant claimant sought review of a decision of the Bankruptcy Court for the District of North Dakota, which ordered that the claimant's administrative expense claim against the bankruptcy estate of appellee debtor for postpetition rent be subordinated to all other allowed claims.
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- 11 U.S.C.
Jamrose v. DAmato (In re DAmato)
Apr
04
2006
Ruling
Judgment of nondischargeability was reversed since the customers had not shown debtors'conduct injured them.
Procedural posture
Defendant debtors challenged an order of the Bankruptcy Court for the Eastern District of Missouri, which granted summary judgment in favor of plaintiff customers on their complaint that unliquidated debts allegedly owed to them by the debtors were nondischargeable under 11 U.S.C. § 523(a)(6).
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- 11 U.S.C.
In re May
Apr
03
2006
Ruling
Lien on debtors'homestead was deemed avoidable since the extent of impairment of debtors'homestead exemption was greater than lien amount.
Procedural posture
Before the court was debtors'motion to avoid judicial lien, pursuant to 11 U.S.C. § 522(f), opposed by the creditor.
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Court
:
- 11 U.S.C.
Shadwick v. United States Dept of Educ. (In re Shadwick)
Mar
29
2006
Ruling
Debtor was denied a request to discharge student loans since both debtor and debtor's spouse had potential to earn a good income despite their lack of effort.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendants, creditors, to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
Keller v. Cale (In re Cale)
Mar
28
2006
Ruling
Funeral expenses and court costs related to debtor's and debtor's wife's deceased child were not excepted from discharge under section 523(a)(5).
Procedural posture
Plaintiff ex-wife filed a motion for summary judgment declaring that funeral expenses and court costs were excepted from defendant debtor's discharge in bankruptcy under 11 U.S.C. § 523(a)(5). The debtor sought dismissal of the motion.
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Court
:
- 11 U.S.C.
Briggs v. LaBarge (In re McGregory)
Mar
24
2006
Ruling
Bankruptcy court did not err in finding a per se conflict of interest in an attorney representing both a debtor and a bank in the same transaction and in denying the attorney fees.
Procedural posture
Appellant debtor's attorney sought review of a decision of the Bankruptcy Court for the Eastern District of Missouri, which granted the motion of appellee trustee denying the request for attorney fees and directing disgorgement of the fees paid.
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- 11 U.S.C.
In re Warren
Mar
21
2006
Ruling
Dismissal was not warranted since the debtor completed the required credit counseling on the filing day before filing but needed an extension of time to file the certificate of counseling.
Procedural posture
A bankruptcy debtor obtained credit counseling as required by 11 U.S.C. § 109(h)(1) on the same day, but prior to the time, that the debtor filed his bankruptcy petition, but the debtor was unable to obtain a certificate of credit counseling until several weeks later. The debtor moved to enlarge the time for filing the certificate, and the trustee moved to dismiss the petition.
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Court
:
- FRBP
In re Schrandt
Mar
20
2006
Ruling
Debtors failed to overcome the prima facie evidence of the validity of the creditor's claim.
Procedural posture
Bankruptcy debtors'plan was confirmed and the trustee's claims report allowed a creditor's claim secured by the debtors'automobile and the creditor's unsecured claim for the balance of the amount owed which was greater than the value of the vehicle. The debtors objected to allowance of the unsecured portion of the claim, asserting that the creditor agreed to waive the unsecured claim.
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Court
: