- FRBP
In re Perrine
Mar
23
2007
Ruling
Debtor's attorneys ordered to turn over property transferred by debtor in contemplation of bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling debtor's two attorneys and their law firm to disgorge undisclosed fees received within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case.
ABI Membership is required to access the full summary of In re Perrine Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
California Franchise Tax Bd. v. Joyce (In re Joyce)
Mar
23
2007
Ruling
Bankruptcy court erred in holding that state tax authority could not collect taxes where debtor's return was filed after claims bar date.
Procedural posture
Appellants, the State of California Franchise Tax Board and its executive director ("FTB"), sought review of an order from the bankruptcy court denying FTB's motion for summary judgment and granting summary judgment in favor of appellee chapter 13 debtors in the debtors'adversary action seeking a determination that the debtors'year 2000 taxes were discharged and an injunction enjoining the FTB from attempting to collect the year 2000 taxes.
ABI Membership is required to access the full summary of California Franchise Tax Bd. v. Joyce (In re Joyce) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McColm v. Kistler
Mar
07
2007
Ruling
Bankruptcy court properly denied discharge in converted chapter 7 case filed within eight years of prior chapter 7 discharge.
Procedural posture
Appellant debtor appealed the decision of the bankruptcy court that denied her discharge pursuant to 11 U.S.C. § 727(a)(8).
ABI Membership is required to access the full summary of McColm v. Kistler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Withers
Feb
26
2007
Ruling
Failure to obtain credit counseling did not require immediate dismissal.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Withers 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 Consolidated Freightways Corp.
Feb
23
2007
Ruling
Retirees' claims for medical expenses not reimbursed from employee benefit plans terminated by debtor employer were entitled to priority status.
Procedural posture
Claimant retirees from bankruptcy debtors filed proofs of claim for medical expenses which were not reimbursed from the debtors'employee benefit plans, which were terminated prepetition by the debtors. The retirees sought allowance of their claims as priority unsecured claims under 11 U.S.C. § 507(a)(5), a trustee of a creditors'trust objected to the priority of the claims.
ABI Membership is required to access the full summary of In re Consolidated Freightways Corp. 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 Lasky
Feb
22
2007
Ruling
State procedural requirements are not incorporated into bankruptcy claims process and could not render debt unenforceable.
Procedural posture
Chapter 7 debtors objected to certain proofs of claims filed by general unsecured creditors. Debtors argued that the claims at issue should be disallowed under the "applicable law" language of 11 U.S.C. § 502(b)(1). The "applicable law" relied upon was Cal. Code Civ. Proc. § 454 and the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. §§ 1692, 1692a-1692p.
ABI Membership is required to access the full summary of In re Lasky 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 Keppert
Feb
15
2007
Ruling
Attorneys' fee application denied due to inadequate notice to creditors and illegible time records.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Keppert 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 Stewart
Feb
14
2007
Ruling
Post-discharge motion to vacate stay to allow foreclosure was moot.
Procedural posture
Debtor was discharged from all dischargeable debts, and movant creditor filed a motion, notice, and declaration requesting that the court vacate the automatic stay to permit movant to foreclose upon mortgaged property.
ABI Membership is required to access the full summary of In re Stewart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Locke v. Scoggins (In re Perpinan)
Feb
14
2007
Ruling
Payment of sale of debtor's residence to debtor's mother was an avoidable payment to an insider.
Procedural posture
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.
ABI Membership is required to access the full summary of Locke v. Scoggins (In re Perpinan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Stratton v. Garcia
Feb
12
2007
Ruling
Fraudulent transfer proceeding involving consideration of state as well as federal law did not give rise to mandatory withdrawal.
Procedural posture
Debtor filed a chapter 7 bankruptcy and plaintiff trustee was appointed. The trustee sued defendant purchasers who had purchased real property from the debtor, seeking to have the sale avoided as a fraudulent transfer under 11 U.S.C. § 548 and various state law provisions. The purchasers filed a motion to withdraw the adversary proceeding from the bankruptcy court to the district court. The trustee did not oppose the motion.
ABI Membership is required to access the full summary of Stratton v. Garcia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: