- 11 U.S.C.
Cummings v. Educational Credit Mgmt. Corp. (In re Cummings)
Nov
13
2007
Ruling
68 year old debtor with health problems that prevented continuance of limited family counseling business granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor initiated a proceeding against defendant creditor to have a student loan obligation owed to the creditor of about $100,000 discharged pursuant to 11 U.S.C. § 523(a)(8). The court held a trial and issued a memorandum opinion.
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Court
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- 11 U.S.C.
Billing Res. v. FTC (In re Billing Res.)
Nov
02
2007
Ruling
FTC enforcement action that would harm reorganization stayed through date certain.
Procedural posture
A chapter 11 debtor sought a court order pursuant to 11 U.S.C. § 105 to enjoin the Federal Trade Commission ("FTC") from prosecuting the enforcement aspect of an action pending in federal district court in Florida (Enforcement Action), to enjoin a receiver appointed by the district court from implementing or enforcing an omnibus order entered in the district court action, and to unblock funds currently held by the debtor in a blocked account.
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Court
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- 11 U.S.C.
Alam v. Swain (In re Swain)
Nov
02
2007
Ruling
Dishonored guaranty executed by third party in favor of creditor with whom debtor had cohabited did not establish fraud on the part of debtor.
Procedural posture
When defendant debtor filed a chapter 7 bankruptcy, plaintiff creditor filed an adversary complaint by which she sought a ruling that a debt owed to her by the debtor was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). Plaintiff, however, abandoned her claim under section 523(a)(2)(B) before trial.
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Court
:
- 11 U.S.C.
ATR-Kim Eng Capital Partners Inc. v. Bonilla (In re Bonilla)
Oct
16
2007
Ruling
Director's complete failure to act to preserve corporate assets was fiduciary defalcation so that debt was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The debt arose from a state court judgment in which found that the debtor, a corporate director, had breached his duty of loyalty to the creditor, a minority shareholder. The debtor moved to dismiss contending that a corporate director was not a "fiduciary"under section 523(a)(4).
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Court
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In re Craighead
Oct
16
2007
Ruling
Case filed twelve days after dismissal of prior case dismissed with three-year filing ban due to bad faith.
Procedural posture
The United States Trustee and the chapter 13 trustee filed motions to dismiss the chapter 13 bankruptcy case of the debtor as a bad faith filing under 11 U.S.C. §§ 1307(c) and 349(a), and also sought the imposition of a five-year bar to any refiling by the debtor. The debtor sought dismissal of the case also.
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Court
:
- 11 U.S.C.
In re Ly Chang
Oct
16
2007
Ruling
Debtor could deduct payments on debt secured b residence despite postpetition surrender.
Procedural posture
Before the court was the motion of the U.S. Trustee ("UST") to dismiss the bankruptcy case of debtor under 11 U.S.C. § 707(b)(1) as an abuse of the provisions of chapter 7.
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Court
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- 11 U.S.C.
In re Burt
Oct
09
2007
Ruling
Attorney's $200,000 flat fee disallowed.
Procedural posture
The chapter 7 trustee objected to the allowance of the claim of an attorney for the debtor.
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Court
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Sramek v. Jacobsen (In re REJ Props.)
Oct
05
2007
Ruling
Attorney's reliance on another attorney's opinion did not allow avoidance of responsibility for frivolous filing.
Procedural posture
Plaintiff creditors filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011 against counsel for defendant debtor. The creditors alleged that counsel filed the debtor's chapter 11 petition frivolously and for an improper purpose.
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Court
:
- 11 U.S.C.
In re Rains
Oct
02
2007
Ruling
Above-median debtors not allowed fixed allowance of any expense in excess of reasonably necessary actual expenses.
Procedural posture
A creditor filed an objection to confirmation of a chapter 13 plan filed by debtors. The creditor asserted that the proposed plan did not dedicate all of the debtors' projected disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Bateman
Sep
21
2007
Ruling
Objection to plan sustained where debtor failed to devote all projected disposable income as declared on schedules.
Procedural posture
A chapter 13 trustee filed an objection to the confirmation of a plan filed by a debtor, alleging that the proposed plan did not dedicate all of the debtor's projected disposable income to the plan in accordance with 11 U.S.C. § 1325(b)(1)(B).
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Court
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