- 11 U.S.C.
Carey v. State Franchise Tax Board
Jan
15
2008
Ruling
Taxpayer actions against government for wrongfully collecting taxes dismissed as frivolous given that the taxes were held nondischargeable in bankruptcy.
Procedural posture
Pro se plaintiff taxpayers were proceeding against defendant government officials and entities involved in collecting tax debts from the taxpayers who claimed the taxes were discharged in bankruptcy. The taxpayers brought two related civil actions under U.S. Const. amend. XIII claiming involuntary servitude, collecting on fictitious debts, and denial of substantive due process. The matter was referred to a magistrate judge for a recommendation.
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Court
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- 11 U.S.C.
Bay Area Diamond Wholesalers Inc. v. Polinski (In re Polinski)
Jan
15
2008
Ruling
Discharge denied due to debtor's failure to account for disappearance of precious gems.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtor to deny the debtor his discharge under 11 U.S.C. § 727. The creditor alleged three grounds for denying the discharge: (1) that the debtor transferred title of his home to his wife with the intent to hinder, delay or defraud a creditor; (2) that he failed to keep or preserve adequate business records: and (3) that he failed to satisfactorily explain the disappearance of assets.
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Court
:
- 11 U.S.C.
In re OccMeds Billing Servs.
Jan
11
2008
Ruling
LLC's continued "sweeps" of debtor's receivables account were willful violations of stay.
Procedural posture
Debtor medical billing service moved for an order holding a limited liability company (LLC) in civil contempt of court based on the LLC's continued "sweeps" from a bank account into which the debtor was depositing payments on its account receivables, which receivables secured advances made to it by the LLC. At issue was whether such conduct violated the automatic stay imposed by 11 U.S.C. § 362 and if so, what remedy was properly awarded.
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Court
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Locke v. Old Crocker Inn Road LLC (In Levy)
Dec
19
2007
Ruling
Transfer from debtors'trust to LLC for no consideration was fraudulent.
Procedural posture
Plaintiff trustee filed an adversary proceeding seeking avoidance of the transfer of funds by the debtors from their trust to defendant limited liability company ("LLC") as a fraudulent transfer, a declaration that the bankruptcy estate had equitable ownership of their property, and a judgment that the LLC be wound up and liquidated.
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Court
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Fridley v. Forsythe (In re Fridley)
Dec
18
2007
Ruling
Debtors committed to thirty-six month plan could not prepay and obtain early discharge absent modification.
Procedural posture
Appellants, debtors, challenged a decision of the Bankruptcy Court for the Western District of Washington that denied their motion for entry of discharge. The issue was whether the debtors could prepay their chapter 13 plan and obtain an early discharge.
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Court
:
Judge or Jurisdiction information not available
In re Ng
Dec
13
2007
Ruling
Sale free and clear of debtor's interests extinguished all remaining rights in property.
Procedural posture
Before the court was a motion for a stay pending appeal of the court's September 28, 2007 order requiring that a person who had interests in a certain real property (movant) turn over possession of the real property.
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Court
:
- 11 U.S.C.
In re Gates
Dec
12
2007
Ruling
Debtor too disabled to participate granted waiver of personal financial management course requirement.
Procedural posture
Before the court was pro se debtor's application for an exemption from the course in personal financial management.
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Court
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In re OccMeds Billing Servs.
Dec
01
2007
Ruling
Debtor could not use cash collateral to ease cash flow problem where creditor's interest could not be adequately protected.
Procedural posture
A bankruptcy debtor in possession, a medical billing company, modified its business model to ease cash flow problems by ceasing to make advance payments to clients in anticipation of insurance proceeds, and by collecting amounts due from insurers or patients only as an agent for the clients. The debtor moved pursuant to 11 U.S.C. § 363(c) to use the cash collateral of a secured creditor.
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Court
:
- 11 U.S.C.
In re Moreno
Nov
20
2007
Ruling
Ex-parte motion for extension of stay until hearing scheduled for four days after expiration denied as notice to creditors was mandatory.
Procedural posture
Debtor's bankruptcy was filed on October 25, which was within one year after a prior chapter 13 case had been dismissed for failure to make plan payments. Debtor's motion to extend the stay was scheduled for November 28, which was four days after the expiration of the stay. He then filed an ex parte application to extend the automatic stay until the date of the hearing pursuant to 11 U.S.C. § 105 and Federal Rule of Bankruptcy Procedure 9006(b).
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Court
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In re Large Scale Biology Corp.
Nov
14
2007
Ruling
Free and clear auction of patents and patent applications approved.
Procedural posture
Chapter 11 debtor filed a motion to approve an auction process and the sale and assignment of certain patents and patent applications pursuant to 11 U.S.C. § 363(f) free and clear of all liens, claims, interests, and other encumbrances.
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Court
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