per curiam

Fatsis v. Braunstein

The Bankruptcy Court for the District of Massachusetts found appellant chapter 13 debtor in contempt for selling property of the estate without court permission, in violation of the order confirming his chapter 13 plan. The bankruptcy court imposed monetary sanctions. The debtor challenged the order.
Ruling: 
Debtor properly sanctioned for unauthorized postconfirmation sale of stock.
ABI Membership is required to access the full summary of Fatsis v. Braunstein. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0609-130

In re Tender Loving Care Health Servs.

Appellant creditor, which had a general unsecured claim based on a promissory note, sought review of a decision of the United States District Court for the Eastern District of New York, which affirmed the bankruptcy court's order denying its motion to compel payment on a claim and granted the cross-motion of appellee, the debtor's successor (hereinafter, the debtor) for reconsideration of allowance of the claim.
Ruling: 
Bankruptcy court erroneously granted trustee's motion for reconsideration reducing payments to creditor under negotiated agreement as debtor had initially objected to claim and motion was untimely.
Court: 2nd Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of In re Tender Loving Care Health Servs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 26,2009, LexisNexis #0509-062

Overbaugh v. Household Bank (In re Overbaugh)

The district court for the Northern District of New York affirmed an order of the bankruptcy court for the Northern District of New York, which denied plaintiff debtors' motion to reclassify one of defendant creditor's claims from secured to unsecured. The debtors appealed.
Ruling: 
Chapter 13 trustee has standing to object to motion to recharacterize claim.
Court: 2nd Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of Overbaugh v. Household Bank (In re Overbaugh). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 11,2009, LexisNexis #0409-103

Lumb v. Cimenian (In re Lumb)

Appellant debtor challenged an order of the Bankruptcy Court for the District of Maine dismissing his adversary complaint against appellee creditor on appellee's motion for failure to state a claim for a violation of the discharge injunction in 11 U.S.C.S. § 524. Appellee also asked the Panel to award legal fees and costs for a frivolous appeal per Fed. R. Bankr. P. 8020.
Ruling: 
Bankruptcy court erred in dismissing proceeding for violation of discharge injunction where all essential allegations were plead.
ABI Membership is required to access the full summary of Lumb v. Cimenian (In re Lumb). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 23,2009, LexisNexis #0409-030

Blausey v. United States Trustee

Appellant debtors challenged the Bankruptcy Court for the Northern District of California's dismissal of their petition for chapter 7 bankruptcy. Appellee was the U.S. Trustee (UST).
Ruling: 
Bankruptcy court properly dismissed case for abuse after taking private disability insurance benefits proceeds into account as income.
Court: 9th Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of Blausey v. United States Trustee. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 23,2009, LexisNexis #0209-123

Richardson v. Preston (In re Antex Inc.)

Defendant transferee appealed a decision of the Bankruptcy Court for the District of Rhode Island that granted summary judgment in favor of plaintiff chapter 7 trustee, on his fraudulent transfer complaint.
Ruling: 
Bankruptcy court properly avoided transfer on basis that recipient, not paying corporate officer, was initial transferee.
ABI Membership is required to access the full summary of Richardson v. Preston (In re Antex Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 08,2008, LexisNexis #0309-033

Nugent Establishment Industrie F.L. v. Agency for Deposti Ins. Of Serb. (In re Agency for Deposit Ins. Of Serbia)

Plaintiff appealed from an order of the United States District Court for the Southern District of New York, which granted defendant petitioner's motion for summary judgment on its petition under former 11 U.S.C.S. § 304.
Ruling: 
Petition for recognition of foreign proceeding was brought by a proper "foreign representative" and properly granted.
Court: 2nd Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of Nugent Establishment Industrie F.L. v. Agency for Deposti Ins. Of Serb. (In re Agency for Deposit Ins. Of Serbia). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 21,2008, LexisNexis #1208-133

Cailouet v. First Bank & Trust (In re Entringer Bakeries Inc.)

A bankruptcy court found plaintiff trustee could avoid a debtor's transfer to defendant bank as an 11 U.S.C.S. § 547(b) preference but the funds were "earmarked" for the bank (out of a new lender's loan) and thus avoidable only to the extent the estate was diminished. The district court for the Eastern District of Louisiana affirmed. The trustee appealed the application of the earmarking doctrine; both parties appealed the amount.
Ruling: 
Earmarking doctrine did not apply with regard to preferential transfer where debtor had complete control of funds.
Court: 5th Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of Cailouet v. First Bank & Trust (In re Entringer Bakeries Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 06,2008, LexisNexis #1208-098

In re Caneva

Debtor sought review of an order of the district court for the District of Arizona, that affirmed a bankruptcy court order that granted summary judgment in favor of appellee creditor and denied the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(3). It was undisputed that the debtor failed to keep or preserve records with respect to certain business entities and concerning a certain $ 500,000 transaction.
Ruling: 
Discharge properly denied as debtor's provision of boxes of unidentified documents did not satisfy requirement to keep proper records.
Court: 9th Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of In re Caneva. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 05,2008, LexisNexis #1208-100

Regen Capital I Inc. v. Halperin (In re U.S. Wireless Data Inc.)

Appellant successor sought review of a judgment of the district court for the Southern District of New York, which found in favor of appellee trustee and affirmed a bankruptcy court's order expunging the successor's pre-petition general unsecured claim under the predecessor's executory contract on the ground that the successor sought additional compensation for a previously resolved "cure claim"under 11 U.S.C.S. § 365.
Ruling: 
Secured creditor's prepetition general unsecured claim under executory contract to be assumed disallowed due to predecessor's failure to object to cure amount.
Court: 2nd Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of Regen Capital I Inc. v. Halperin (In re U.S. Wireless Data Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 29,2008, LexisNexis #1208-094

Pages

Subscribe to per curiam