Litton Loan Servicing LP v. Garvida (In re Garvida)
Jul
31
2006
Ruling
Bankruptcy court properly sustained objection to proof of claim where debtor's rebutted evidentiary presumption.
Procedural posture
Chapter 13 claimant appealed a decision of the Bankruptcy Court for the Western District of Washington, which sustained debtors'objection to claimant's claim.
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Williamson v. Cent. Miss. Med. Ctr.
Jul
20
2006
Ruling
Debtor's motion for abstention and remand of action back to state court was granted since state court could handle matter timely and would not impede estate's efficient administration.
Procedural posture
Plaintiff, debtor, sued defendants, a hospital, doctors, and corporations, in state court, asserting claims of medical negligence and product liability based upon injuries debtor allegedly sustained during a medical procedure. Debtor moved to abstain and remand the case to the Circuit Court of the First Judicial District of Hinds County, Mississippi. Defendants opposed the motion.
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Court
:
- 11 U.S.C.
BNY Capital Funding LLC v. Us Airways Inc.
Jul
07
2006
Ruling
Court deemed that letter of intent did not constitute executory contract since there was no unperformed or future obligations.
Procedural posture
Appellant creditor challenged an order of the bankruptcy court, which determined that appellee debtor retained certain rights agreed to by appellant in a Letter of Intent ("LOI"), and that the LOI was not an executory contract and thus subject to the prohibition on assumption of contracts to extend financial accommodations under 11 U.S.C. § 365(c)(2).
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Court
:
- 11 U.S.C.
Johnson v. TRE Holdings LLC (In re Johnson)
Jul
07
2006
Ruling
Panel deemed that "in rem" order did not entitle holding company to ignore automatic stay, and panel reversed bankruptcy court's order declining to exercise jurisdiction.
Procedural posture
Appellant chapter 13 debtor moved for stay-violation sanctions under 11 U.S.C. § 362(h) and an order vacating a nonjudicial foreclosure sale caused by appellee holding company. The Bankruptcy Court for the Central District of California dismissed the case for procedural defects. It then revived the stay violation motion and ultimately denied the motion for lack of jurisdiction. The debtor appealed.
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- 11 U.S.C.
Educ. Credit Mgmt. Corp. v. Spence
May
12
2006
Ruling
Court reversed bankruptcy court by ruling that debtor had not met three elements for determining debt dischargeability due to undue hardship.
Procedural posture
Before the court was appellant creditor's appeal of an order of the bankruptcy court, which fully discharged appellee debtor's student loan debt owed to the creditor. The creditor argued that the bankruptcy court erred by discharging the debtor's student loan because she would suffer an undue hardship if required to pay her student loan debt.
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Court
:
- FRBP
Flinn v. Rains (In re Rains)
Mar
03
2006
Ruling
Trustee was granted an order appointing the trustee to act on the judgment debtor's behalf to withdraw funds from the debtor's retirement plan since the debtor did not already deliver the amount to the trustee as ordered.
Procedural posture
Plaintiff, the chapter 7 trustee, moved for an order appointing him to act on behalf of defendant judgment debtor to withdraw $250,000 from an Employee Retirement Income Security Act ("ERISA")-qualified pension plan as an exercise of the court's authority to appoint a person to perform an act on behalf of a disobedient party pursuant to Fed. R. Civ. P. 70 and Fed. R. Bankr. P. 7070.
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Court
:
- 11 U.S.C.
Khaligh v. Hadaegh (In re Khaligh)
Feb
02
2006
Ruling
Creditor's arbitration award against the debtor for defamation was deemed nondichargeable since the arbitration satisfied the requirements of an adjudicated finding of willfull and malicious injury.
Procedural posture
Appellee creditor brought an adversary proceeding against appellant bankruptcy debtor alleging that the creditor's arbitration award against the debtor for defamation was not dischargeable based on willful and malicious injury under 11 U.S.C. § 523(a)(6). The debtor appealed the order of the U.S. Bankruptcy Court for the Central District of California which granted summary judgment to the creditor based on issue preclusion.
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Sallie Mae Servicing Corp. v. Ransom (In re Ransom)
Dec
27
2005
Ruling
Panel rejected that a confirmed plan could preclude a student loan lender from recovering postpetition interest on a student loan debt and thus discharge the interest obligation without conducting an undue hardship hearing.
Procedural posture
Appellant, a student loan lender, sought review of a decision of the bankruptcy court, which determined that appellee debtor was not obligated under the confirmed chapter 13 plan to pay accrued interest charged by the lender as part of her student loan obligation.
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- 11 U.S.C.
Campos v. Wells Fargo Bank N.A.
Nov
30
2005
Ruling
Debtor could not recover setoff because the obligation was more than a year old and did not render debtor insolvent.
Procedural posture
Appellant debtor challenged the decision entered by the bankruptcy court that denied the debtor's claim for relief from appellee bank's seizure of funds from the debtor's savings account.
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Court
: