- 11 U.S.C.
In re Wilson
Jan
13
2015
Ruling
Debtors could not claim federal exemptions in property located outside of filing state where exemptions available under the law of the filing state could be applied to out-of-state property.
Issue(s)
Could debtors claim federal exemptions on property in another state where exemptions could be claimed in the property under the law of the filing state?
ABI Membership is required to access the full summary of In re Wilson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Gugino v. Clarks Crystal Springs Ranch LLC (In re Clark)
Dec
30
2014
Ruling
Order issued consolidating assets owned by LLC and family trust with the debtor's assets.
Issue(s)
Should assets of debtor be consolidated with those of an LLC and family trust where debtor engaged in financial transactions entangling the LLC and trust with his own affairs?
ABI Membership is required to access the full summary of Gugino v. Clarks Crystal Springs Ranch LLC (In re Clark) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Heaton v. Boudreau (In re Miller)
Jul
10
2014
Ruling
Creditor's proceeding for denial of discharge dismissed due to insufficient evidence.
Issue(s)
Was alleged payment of debtor's salary in cash "under the table" in order to avoid garnishment grounds for denial of discharge?
ABI Membership is required to access the full summary of Heaton v. Boudreau (In re Miller) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Wisdom v. Gugino (In re Wisdom)
May
23
2014
Ruling
Bankruptcy judge not required to recuse self because trustee was the judge's former law clerk.
Issue(s)
Was bankruptcy judge required to recuse self from hearing case in which the trustee was the judge's former law clerk?
ABI Membership is required to access the full summary of Wisdom v. Gugino (In re Wisdom) 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 Simplot
May
20
2014
Ruling
Adversary proceeding filed before bar date was an informal proof of claim.
ABI Membership is required to access the full summary of In re Simplot 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 Ryerson
Feb
18
2014
Ruling
Relief from stay granted to allow sale of property not necessary to reorganization.
Issue(s)
Was creditor entitled to relief from stay to pursue a foreclosure sale of real property securing two notes, consisting of two lots on which Debtor built a luxury home and two additional undeveloped lots adjacent to that property?
ABI Membership is required to access the full summary of In re Ryerson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeVries v. Clark (In re Clark)
Jan
10
2014
Ruling
Claim for return of down payment on hay purchase was nondischargeable where debtor did not inform creditor that he had lost the lease on the land he farmed.
Issue(s)
Was claim for return of down payment on purchase of hay from debtor nondischargeable due to debtor's failure to inform creditor that it had lost the lease on the land where it farmed hay.
ABI Membership is required to access the full summary of DeVries v. Clark (In re Clark) 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 Borup
Jan
09
2014
Ruling
Objection to wage claims disallowed absent evidence that employer corporation was alter ego of debtors.
Issue(s)
Should wage claims be allowed on theory that corporate employer was the alter ego of debtor.
ABI Membership is required to access the full summary of In re Borup Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Adams v. McKay (In re McKay)
Jan
03
2014
Ruling
Failure to keep records was not grounds for denial of discharge where debtor reasonably relied on son to run business.
Issue(s)
Should discharge be denied for failure to keep records where debtor relied on son to operate the business.
ABI Membership is required to access the full summary of Adams v. McKay (In re McKay) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeVries v. Clark (In re Clark)
Dec
17
2013
Ruling
Debtor lacked standing to assert counterclaim that was property of the estate.
Issue(s)
Could debtor assert counterclaims for damages in nondischargeability proceeding.
ABI Membership is required to access the full summary of DeVries v. Clark (In re Clark) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: