SAM REI LLC v. Contl Group LLC (In re Strata Title LLC)
Nov
25
2014
Ruling
Court-appointed special counsel had quasi-judicial immunity on claims for breaches of fiduciary duty to the estate and duty of candor to the court.
Issue(s)
Was court-appointed special counsel entitled to quasi-judicial immunity on claims of breach of fiduciary duty and duty of candor to court?
ABI Membership is required to access the full summary of SAM REI LLC v. Contl Group LLC (In re Strata Title LLC) 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 Burboa
Sep
29
2014
Ruling
Debtor could not strip off valueless lien on home in "chapter 20" case.
Issue(s)
Could debtor in a "chapter 20" case strip off a wholly unsecured lien on debtor's primary residence?
ABI Membership is required to access the full summary of In re Burboa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
RES-AZ HP 160 LLC v. Gammage & Burnham PLC (In re Kohner)
Sep
25
2014
Ruling
State case that was not shown to be related to bankruptcy remanded.
Issue(s)
Was a state court action properly removed and related to debtor's bankruptcy, and should the court abstain and remand?
ABI Membership is required to access the full summary of RES-AZ HP 160 LLC v. Gammage & Burnham PLC (In re Kohner) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Arizona Auto Spa 4 LLC v. Spreiser (In re Spreiser)
Jun
23
2014
Ruling
Debt to other members of LLC based on embezzlement was nondischargeable.
Issue(s)
Was embezzlement by debtor member of LLC from the LLC the basis for a nondischargeable debt in favor of the other members?
ABI Membership is required to access the full summary of Arizona Auto Spa 4 LLC v. Spreiser (In re Spreiser) 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 Cline
May
30
2014
Ruling
Trustee's objection to debtor's claimed federal exemptions sustained.
Issue(s)
Could debtors claim federal exemptions or were they required to use state exemptions?
ABI Membership is required to access the full summary of In re Cline Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Reaves v. Thruston (In re Thruston)
May
13
2014
Ruling
Discharge denied due to intentional omission of information from schedules and statements.
Issue(s)
Whether debtor should be denied a discharge for knowingly and fraudulently making a false oath or account, or withholding from an officer of the estate recorded information relating to the debtor's property and financial affairs?
ABI Membership is required to access the full summary of Reaves v. Thruston (In re Thruston) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
13 Holdings LLC v. Gorilla Cos. LLC (In re Gorilla Cos. Inc.)
Mar
26
2014
Ruling
Stern v. Marshall did not deprive bankruptcy court had jurisdiction over debtor's state law unjust enrichment claim that was necessarily resolved in ruling on creditor's proof of claim.
Issue(s)
Did bankruptcy court lack jurisdiction over debtor's unjust enrichment counterclaim to creditor's breach of contract claim pursuant to the U.S. Supreme Court's ruling in Stern v. Marshall?
ABI Membership is required to access the full summary of 13 Holdings LLC v. Gorilla Cos. LLC (In re Gorilla Cos. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Haley v. Barclays Bank Del. (In re Carter)
Mar
03
2014
Ruling
Preference period payments were not avoidable as made in the ordinary course of business and in exchange for new value.
Issue(s)
Were debtors' preference period payments on credit card account avoidable or subject to ordinary course of business and contemporaneous exchanges for new value defenses?
ABI Membership is required to access the full summary of Haley v. Barclays Bank Del. (In re Carter) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Derrick v. Natl Health Fin. DM LLC (In re Derrick)
Jan
15
2014
Ruling
Bankruptcy court erred in finding that attorney representing debtor in state court personal injury action was required to disclose fees.
Issue(s)
Was attorney representing debtor in state court personal injury case required to disclose fees charged in that case in the debtor's bankruptcy case?
ABI Membership is required to access the full summary of Derrick v. Natl Health Fin. DM LLC (In re Derrick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Zizza v. Pappalardo (In re Zizza)
Oct
18
2013
Ruling
Case converted to chapter 7 due to failure to disclose two personal injury lawsuits.
Issue(s)
Did bankruptcy court properly convert debtor's chapter 13 case to chapter 7 based on failure to disclose two personal injury actions.
ABI Membership is required to access the full summary of Zizza v. Pappalardo (In re Zizza) 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