Northern District

McColm v. Kistler

Appellant debtor appealed the decision of the bankruptcy court that denied her discharge pursuant to 11 U.S.C. § 727(a)(8).
Ruling: 
Bankruptcy court properly denied discharge in converted chapter 7 case filed within eight years of prior chapter 7 discharge.
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In re Withers

A chapter 7 bankruptcy debtor failed to obtain credit counseling as required under 11 U.S.C. § 109(h) to be eligible as a debtor in bankruptcy and failed to file documents required by 11 U.S.C. § 521(a)(1)(B). The bankruptcy court denied the trustee's motion for an order to show cause why the debtor should not be held in contempt for disobeying a court order, pending consideration of whether dismissal of the case was warranted or required.
Ruling: 
Failure to obtain credit counseling did not require immediate dismissal.
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In re Keppert

The attorney who represented two bankruptcy debtors filed an application with the court seeking an award of $21,977.10 in attorneys'fees and $136.74 in costs for his representation of the debtors. The case was originally filed under chapter 7, it was later converted to a chapter 13 case, and it was changed back into a chapter 7 case in 2006. Both of the debtors died while the bankruptcy proceedings were pending.
Ruling: 
Attorneys' fee application denied due to inadequate notice to creditors and illegible time records.
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Locke v. Scoggins (In re Perpinan)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant, the debtor's mother, to avoid alleged transfers from the debtor made to his mother or on his mother's behalf a little more than 90 days prior to the bankruptcy.
Ruling: 
Payment of sale of debtor's residence to debtor's mother was an avoidable payment to an insider.
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In re Kirkland Knightsbridge LLC

Defendant chapter 11 debtor filed a motion for authority to conduct "Article 9" private sales of wine, the collateral asset. Plaintiff winery objected.
Ruling: 
Debtor granted authority to conduct private sales of wine delivered from winery pursuant to bottling agreement.
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Cassel v. Globerson (In re Kolb)

Chapter 11 trustee brought claims against successor trustees and sons of the debtor, alleging those defendants were jointly and severally liable for distributing and converting assets belonging to the bankruptcy estate. The trustee moved for partial summary judgment, and the successor trustees and sons moved to dismiss the complaint.
Ruling: 
Order for distribution of trust proceeds that were property of the estate by probate court that was not notified of bankruptcy did not provide a defense to trustee's action for wrongful distribution and conversion of assets.
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In re Qmeet Inc.

An interim trustee was appointed in debtor's bankruptcy case. At a continued meeting of creditors, the election of a permanent trustee was requested under 11 U.S.C. § 702. The validity of the election was contested. The U.S. Trustee filed a report of a disputed election of a chapter 7 trustee. An motion to confirm the election was filed by an administrative creditor. The motion was opposed by the interim trustee and an equity holder in debtor.
Ruling: 
Confirmation of election of permanent trustee denied as not requested by creditors holding sufficient amount of claims.
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In re Dimas LLC

The special counsel for a chapter 11 debtor filed an application, pursuant to 11 U.S.C. § 330, for a final allowance of compensation and expense reimbursement.
Ruling: 
Compensation denied for services described in insufficient detail and services that did not benefit estate.
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In re Elliott-Cook

A chapter 13 debtor filed an uncontested motion for continuation of the automatic stay as to all creditors, pursuant to 11 U.S.C. § 362(c)(3).
Ruling: 
Stay continued in debtor's second chapter 13 case due to sufficient evidence to overcome presumption of bad faith.
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Kendall v. Carbatt (In re Carbatt)

Chapter 7 trustee sought to avoid the prepetition transfer by debtor to defendant ex-wife of his interest in their family home and in an unsecured promissory note pursuant to 11 U.S.C. §§ 548(a) and 544(b). He also sought to recover the transfers or their value from the wife pursuant to 11 U.S.C. § 550(a)(1) and , with respect to his interest in the house, from defendant, the wife's mother, as a subsequent transferee pursuant to section 550(a)(2).
Ruling: 
Transfer of marital home to former spouse for reasonably equivalent value was not avoidable nor was subsequent transfer from former spouse to her mother.
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