- 28 U.S.C.
Horowitz v. Sulla (In re Horowitz)
Jul
08
2016
Ruling
Bankruptcy court abstained from hearing debtor’s non-core, non-bankruptcy law claims.
Issue(s)
Should the bankruptcy court abstain from hearing debtor’s state law real estate proceeding?
ABI Membership is required to access the full summary of Horowitz v. Sulla (In re Horowitz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Takazawa v. Higashi (In re Higashi)
Jun
07
2016
Ruling
Debt to landlord was nondischargeable due to debtor’s forging spouse’s signature onpromissory note. (Bankr. D. Hawaii)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
ABI Membership is required to access the full summary of Takazawa v. Higashi (In re Higashi) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Ramirez
May
02
2016
Ruling
Judicial lien avoided as impairing debtor's exemption in the subject property.
Issue(s)
Could judicial lien be avoided as impairing debtors' exemption?
ABI Membership is required to access the full summary of In re Ramirez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Felipe
Apr
22
2016
Ruling
Plan payments adjusted to accommodate increased condominium association fees although the association failed to disclose all required information in proof of claim.
Issue(s)
Whether creditor condominium association was entitled to relief from stay to pursue lien rights against debtors?
ABI Membership is required to access the full summary of In re Felipe 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 Solis
Apr
15
2016
Ruling
Motor vehicle collateral valued with creditors bearing burden of proof.
Issue(s)
What was the replacement value of debtor's 2008 vehicle.
ABI Membership is required to access the full summary of In re Solis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Templeton v. Milby (In re Milby)
Feb
24
2016
Ruling
Bankruptcy court erroneously dismissed trustee's fraudulent transfer claims by erroneously finding that trustee's delay in bringing the claims barred application of equitable tolling.
Issue(s)
Whether the bankruptcy court erroneously applied the doctrine of equitable tolling when it granted summary judgment and dismissed the First, Second, and Third Claims for Relief (to the extent they were based on fraudulent transfers alleged in paragraph 30 of the complaint) as untimely under 11 U.S.C.S. § 546(a)(1)(A).
ABI Membership is required to access the full summary of Templeton v. Milby (In re Milby) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Pearson v. Suiter (In re Suiter)
Feb
16
2016
Ruling
Debtor's deposit of paycheck into spouse's bank account was grounds for denial of discharge.
Issue(s)
Was debtor's deposit of paycheck into spouse's account, where it could not be reached by creditors, grounds for denial of discharge?
ABI Membership is required to access the full summary of Pearson v. Suiter (In re Suiter) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Adinolfi v. Meyer (In re Adinolfi)
Jan
19
2016
Ruling
Adoption assistance payments are "benefits received under the Social Security Act" and covered by the exclusion from current monthly income.
Issue(s)
Whether the bankruptcy court erred when it held that Adoption Assistance payments received by the chapter 13 debtor were not "benefits received under the Social Security Act" within the meaning of 11 U.S.C.S. § 101(10A)(B).
ABI Membership is required to access the full summary of Adinolfi v. Meyer (In re Adinolfi) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli)
Dec
15
2015
Ruling
Bankruptcy court erred in holding that trustee could not file a late objection to a homestead exemption on grounds of fraud.
Issue(s)
Was trustee's objection to debtor's claimed homestead exemption properly overruled as untimely where it was not filed within 30 days of date set for the first meeting of creditors?
ABI Membership is required to access the full summary of Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hawaii v. Malinay (In re Malinay)
Sep
03
2015
Ruling
Debt was nondischargeable where debtor received referral fees for mortgages it could not provide.
Issue(s)
Whether the Hawaii Office of Consumer Protection (OCP) was entitled to summary judgment in its 11 U.S.C.S.§ 523(a)(2) proceeding to determine the dischargeability of the debt owed by a debtor to consumers he deceived by means of a fraudulent mortgage relief scheme.
ABI Membership is required to access the full summary of Hawaii v. Malinay (In re Malinay) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: