- 11 U.S.C.
In re Taggart
Dec
16
2014
Ruling
State court judgment for attorneys' fees and costs violated the discharge injunction and was void.
Issue(s)
Did debtor's fellow LLC members and counsel violate the automatic stay by seeking attorneys'fees and costs in civil action?
ABI Membership is required to access the full summary of In re Taggart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Starky v. Birdsell (In re Starky)
Dec
08
2014
Ruling
Bankruptcy court properly awarded trustee fees and costs after extended exemption proceedings.
Issue(s)
Whether bankruptcy court abused its discretion by awarding attorneys' fees and costs to Chapter 7 trustee after extended proceedings relating to debtors' exemption claims.
ABI Membership is required to access the full summary of Starky v. Birdsell (In re Starky) 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
Aspen Skiing Co. v. Cherrett (In re Cherrett)
Nov
07
2014
Ruling
Creditor's motion to dismiss for abuse properly denied.
Issue(s)
Should the bankruptcy court's order denying creditor's motion to dismiss debtors' chapter 7 case under based on its finding and conclusion that the debtor's debts were not primarily consumer debts be reversed?
ABI Membership is required to access the full summary of Aspen Skiing Co. v. Cherrett (In re Cherrett) 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.
In re Pineda-Pineda
Apr
18
2014
Ruling
Discharge denied due to untimely attempt to cure tax deficiency.
Issue(s)
Could tax claim that had already gone to judgment prior to petition date be cured in debtors'chapter 13 plan?
ABI Membership is required to access the full summary of In re Pineda-Pineda 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 McCracken
Apr
08
2014
Ruling
Judgment of foreclosure was not an avoidable judicial lien.
Issue(s)
Did a judgment of foreclosure create a "judicial lien" that could be avoided as impairing debtor's homestead exemption?
ABI Membership is required to access the full summary of In re McCracken Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Francis v. Wallace (In re Francis)
Mar
11
2014
Ruling
Hold harmless obligation to debtor's former spouse was nondischargeable.
Issue(s)
Was bankruptcy court correct in its determination that debtor's obligation to hold former spouse harmless from certain credit card obligations, as provided in the stipulated marital dissolution judgment excepted from discharge?
ABI Membership is required to access the full summary of Francis v. Wallace (In re Francis) 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.
Dale v. Maney (In re Dale)
Feb
05
2014
Ruling
Bankruptcy court did not err in determining that an inheritance received by a chapter 13 debtor more than 180 days after the petition date, but prior to confirmation was an asset of the bankruptcy estate.
Issue(s)
Did the bankruptcy court (BC) err as a matter of law in determining that an inheritance received by a chapter 13 debtor more than 180 days after the petition date, but before a plan was confirmed and before the chapter 13 case was closed, dismissed, or converted was an asset of the bankruptcy estate?
ABI Membership is required to access the full summary of Dale v. Maney (In re Dale) 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
In re Pacific Cargo Servs. LLC
Sep
18
2013
Ruling
Creditor's motion to vacate sale order denied given sufficient notice.
Issue(s)
Should sale of assets be vacated on motion of creditor provided with mail and electronic notice with shortened sale period .
ABI Membership is required to access the full summary of In re Pacific Cargo Servs. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Volm v. Johnson (In re Johnson)
Apr
18
2013
Ruling
Judgment for assault, battery and intentional infliction of emotional distress was nondischargeable.
Procedural posture
Creditor filed an adversary proceeding against defendant debtor seeking to have a judgment debt declared nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor moved for summary judgment.
ABI Membership is required to access the full summary of Volm v. Johnson (In re Johnson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Pahl
Apr
04
2013
Ruling
Fees of accountants for estate for filing fiduciary tax returns allowed in full as extra work was due to actions of debtor.
Procedural posture
Accountants for a bankruptcy estate filed an amended final application for compensation pursuant to 11 U.S.C.S. § 330(a)(1). The chapter 7 debtor objected to the application.
ABI Membership is required to access the full summary of In re Pahl Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: