- 11 U.S.C.
JB Constr. Inc. v. King (In re King)
Jan
22
2009
Ruling
Breach of non-compete agreement was dischargeable as it was not tortious under state law.
Procedural posture
Plaintiff ex-employer, a concrete placement firm, filed an adversary complaint for a determination that defendant debtor, a former supervisory employee, had willfully and maliciously breached a non-competition agreement between the parties such that plaintiff's claim for damages was properly excepted from discharge in debtor's chapter 7 case under 11 U.S.C.S. § 523(a)(6).
ABI Membership is required to access the full summary of JB Constr. Inc. v. King (In re King) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Codr
Oct
22
2008
Ruling
Chapter 7 trustee's fees awarded in reduced amount due to inadequate time records.
Procedural posture
A successor chapter 7 trustee filed a Final Accounting in which he proposed payment to the trustees in the maximum amount allowed under 11 U.S.C.S. § 326(a). The former chapter 7 trustee requested compensation for her services.
ABI Membership is required to access the full summary of In re Codr 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 Stansell
Oct
16
2008
Ruling
Length of chapter 13 debtor's commitment period would depend on prepetition contributions by debtor's spouse who died one month prior to petition date.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code about one month after his wife passed away. The debtor proposed a plan for three years, based on his income. The trustee objected to the plan, claiming that under 11 U.S.C.S. § 1325, the debtor was required to include his deceased spouse's income and was thus required to propose a plan for five years.
ABI Membership is required to access the full summary of In re Stansell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Irving
Sep
08
2008
Ruling
Case ordered dismissed if debtor did not produce evidence to support confirmation of plan where good faith was at issue.
Procedural posture
The debtor filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed plan. A chapter 13 trustee filed a motion to dismiss the case, pursuant to 11 U.S.C.S. § 1307(c). The court issued findings of fact and conclusions of law.
ABI Membership is required to access the full summary of In re Irving 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 Courtney
Sep
03
2008
Ruling
Motion to approve settlement of preference proceeding denied where trustee would likely succeed on the merits to the greater benefit of the estate.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee sought approval to compromise a preferential transfer proceeding that the trustee had brought against a credit card company.
ABI Membership is required to access the full summary of In re Courtney Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Taylor
Jul
25
2008
Ruling
Guarantees were noncontingent liquidated debts causing debtor to exceed chapter 13 limits.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to dismiss the debtors' case, claiming that the debtors were not eligible for Chapter 13 relief because their noncontingent, liquidated debts exceeded the debt limits allowed by 11 U.S.C.S. § 109(e).
ABI Membership is required to access the full summary of In re Taylor 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 Kahl
Jul
24
2008
Ruling
Conversion to chapter 11 approved based on potential return to creditors despite incomplete schedules and disclosures.
Procedural posture
A debtor originally filed for relief under chapter 7 of the Bankruptcy Code, and filed a motion to convert the case to a chapter 13 proceeding. A chapter 7 trustee objected to the proposed conversion because the trustee contended that the debtor had failed to disclose important information in the schedules that he filed.
ABI Membership is required to access the full summary of In re Kahl Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Keller v. Burnett
Jul
21
2008
Ruling
Corporation that purchased assets in bankruptcy sales could not claim interests in abandoned leases.
Procedural posture
Plaintiff property owners moved for partial summary judgment in a quiet title action involving mineral rights, a lease, and an easement. Defendant corporation claimed an interest in the mineral rights, the lease, and an access easement derivative from the lease. The owners moved to strike portions of two affidavits of one of the individual defendants. The matters were before a magistrate judge for a report and recommendation.
ABI Membership is required to access the full summary of Keller v. Burnett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Murrietta v. Fehrs (In re Fehrs)
Jul
18
2008
Ruling
Avoidance of undisclosed prepetition transfer to debtor's son avoided, but not grounds for revocation of discharge.
Procedural posture
Plaintiff bankruptcy trustee brought adversary proceedings against defendant bankruptcy debtor seeking to revoke the debtor's discharge for fraud under 11 U.S.C.S. § 727(d) and to avoid a transfer of property as constructively fraudulent under 11 U.S.C.S. § 548(a). Plaintiff creditor brought an adversary proceeding to revoke the debtor's discharge, and the adversary proceedings were consolidated for trial.
ABI Membership is required to access the full summary of Murrietta v. Fehrs (In re Fehrs) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
9th Circuit ( ) [ Bankruptcy Court ]
Krommenhoek v. Bankruptcy Estate of Pfankuch Food Servs. Inc. (In re Pfankuch)
Jul
15
2008
Ruling
Avoidable past due rent was properly turned over to estate of chapter 13 parent company that made payment on behalf of chapter 7 lessee.
Procedural posture
Plaintiff chapter 13 trustee and defendant chapter 7 trustee each filed motions for summary judgment in the chapter 13 trustee's action, seeking to obtain a declaratory judgment that monies paid by a lessor to the chapter 7 trustee constituted property of the chapter 13 bankruptcy estate, and not that of the chapter 7 bankruptcy estate, and requiring that the chapter 7 trustee turn over those funds to the chapter 13 trustee.
ABI Membership is required to access the full summary of Krommenhoek v. Bankruptcy Estate of Pfankuch Food Servs. Inc. (In re Pfankuch) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: