- 11 U.S.C.
Law v. Stover (In re Law)
Jan
26
2006
Ruling
Debtors were denied exemption of their federal child tax credit refunds since the refunds were contingent interests in future payments and thus were estate property.
Procedural posture
Appellant debtors challenged orders of the bankruptcy court entered on June 27, 2005, and June 29, 2005, in each of these cases sustaining the objection of appellee, the chapter 7 trustee, to debtors'claim of exemption in the portions of their federal tax refunds attributable to the federal child tax credit.
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- 11 U.S.C.
Roberts v. Pierce (In re Pierce)
Jan
25
2006
Ruling
Order regarding proof of claim was affirmed since the bankruptcy court did not abuse its discretion in setting the particularities of notice procedure, including not conducting an evidentiary hearing.
Procedural posture
Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
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- FRBP
Roberts v. Pierce (In re Pierce)
Jan
25
2006
Ruling
Order regarding proof of claim was affirmed since negative notices are permissible under the Code.
Procedural posture
Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
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- 11 U.S.C.
Gallagher Langlas & Gallagher P.C. v. Clair (In re Clair)
Jan
25
2006
Ruling
Attorneys were denied summary judgment since a material issue remained as to whether an award of attorneys'fees to a debtor's former wife was intended to be a maintenance or support obligation and, thus, whether it was exempt from discharge.
Procedural posture
In a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I), (J), plaintiff law firm sought to recover from defendant debtor a sum of attorneys'fees that the debtor was ordered to pay pursuant to a divorce. The firm moved for summary judgment.
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Court
:
- 11 U.S.C.
Dahmer v. United States (In re Dahmer)
Jan
23
2006
Ruling
Debtors'additional federal tax assessment was dischargeable even though the debtors did not file an amended tax return since a state statute requiring a taxpayer to report federal tax assessment changes did not mean the taxpayer had to file an amended tax return.
Procedural posture
Plaintiff chapter 7 debtors filed an adversary proceeding pursuant to 11 U.S.C. § 523(a)(1) against defendants, the United States and the State of Missouri Department of Revenue ("MDOR"), seeking a declaratory judgment that any tax debt owed for the 1987 tax year was dischargeable and that any liens associated with that tax debt should be avoided or should attach only to the debtors'property as of the date of their bankruptcy filing.
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Court
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In re Heerlein
Jan
17
2006
Ruling
Debtor could not avoid a judicial lien since the debtor lost an interest in the garnished wages when the prepetition wage garnishment order was entered.
Procedural posture
Debtor moved to avoid judicial lien pursuant to 11 U.S.C. § 522(f) and for release of garnished wages.
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Court
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U.S. Bank N.A. v. Young (In re Young)
Jan
12
2006
Ruling
Debtor's lack of subject matter jurisdiction argument based on the debtor's status as a farmer was rejected since section 303(a) of the Code does not provide a jurisdictional challenge but rather an involuntary petition defense, one that the debtor waived by consenting to the petition.
Procedural posture
Defendant debtor appealed from an order of the bankruptcy court granting several of plaintiff creditors'motions for summary judgment, wherein the creditors asserted that debtor was collaterally estopped by a guilty plea from arguing that he did not incur his obligations to them by way of fraud
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In re Dwiggins
Jan
09
2006
Ruling
Claim for postpetition creditor's attorneys' fees incurred in collecting debt was allowed.
Procedural posture
An oversecured mortgage creditor amended its claim in debtors bankruptcy to include postpetition attorneys fees, pursuant to 11 U.S.C. § 506(b), for bankruptcy-related services and for defending the debtors'state-court appeal of a decision in favor of the creditor. The debtors objected to the creditor's amended claim.
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Court
:
- FRBP
Briggs v. Labarge (In re Phillips)
Jan
09
2006
Ruling
Attorney violated Bankruptcy Rules by filing bankruptcy petition for the debtor without meeting with the debtor to confirm that the debtor authorized second filing.
Procedural posture
Appellee trustee moved for sanctions against appellant attorney, alleging that the attorney violated Fed. R. Bankr. P. 9011 by filing a bankruptcy petition for the debtor without meeting with the debtor or obtaining the debtor's signature. The bankruptcy court agreed and imposed sanctions. The bankruptcy appellate panel affirmed the bankruptcy court's order. The attorney appealed.
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In re Stout
Jan
09
2006
Ruling
Trustee was granted motion to dismiss the debtor's case since the amounts the debtor budgeted for the debtor's daughter's home schooling and ice skating lessons constituted a substantial abuse of chapter 7.
Procedural posture
The U.S. trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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Court
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