- 11 U.S.C.
In re Bourke
Dec
24
2015
Ruling
Debtor awarded attorneys fees, actual and punitive damages for creditor's willful violation of stay by sending three collection notices after being notified of debtor's bankruptcy.
Issue(s)
What sanctions should be assessed against creditor that continued sending debtor collection letters after being served with notice of the filing of the bankruptcy petition?
ABI Membership is required to access the full summary of In re Bourke Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Good v. Daff (In re Swintek)
Dec
18
2015
Ruling
Bankruptcy court erred in not finding that state lien was not extended upon filing and imposition of the automatic stay.
Issue(s)
Did the bankruptcy court err in holding that one-year expiration on creditor's lien was not tolled or extended during pendency of debtor's bankruptcy?
ABI Membership is required to access the full summary of Good v. Daff (In re Swintek) 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.
Schwarz v. Liechti (In re Liechti)
Dec
16
2015
Ruling
Discharge denied due to debtor's false oaths in schedules.
Issue(s)
Was debtor's failure to list his interest in a business he owned, a bank account he used to operate that business, and other sources of income in his bankruptcy schedules grounds for denial of discharge?
ABI Membership is required to access the full summary of Schwarz v. Liechti (In re Liechti) 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 Fix
Nov
30
2015
Ruling
Judicial liens could be avoided as impairing debtors' homestead exemption.
Issue(s)
Were debtors entitled to claim a homestead exemption and avoid judicial liens where debtor husband had moved out of state but debtor spouse continued to occupy the property?
ABI Membership is required to access the full summary of In re Fix Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States Tr. v. Franz (In re Franz)
Nov
05
2015
Ruling
Discharge revoked due to failure to disclose or turnover inheritance.
Issue(s)
Should debtor's discharge be revoked for failure to report acquisition of property via an inheritance or to turn over the property to the trustee?
ABI Membership is required to access the full summary of United States Tr. v. Franz (In re Franz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Herbert v. PHH Mortg. Corp. (In re Herbert)
Nov
05
2015
Ruling
Bankruptcy court lacked authority under Stern to issue final orders on debtor's nonbankruptcy claim against creditor that had not filed a proof of claim.
Issue(s)
Could bankruptcy court issue a final judgment on debtor's nonbankruptcy claims against creditor that did not file a proof of claim?
ABI Membership is required to access the full summary of Herbert v. PHH Mortg. Corp. (In re Herbert) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Northwest Pipe Fittings Inc. v. Paddock (In re Paddock)
Jul
13
2015
Ruling
Debt owed by debtor who failed to pay for goods on account was dischargeable as reliance on debtor's statements was not a proximate cause of the debt.
Issue(s)
Was debt owed to company that later hired the debtor nondischargeable based on allegedly false representations of repayment made by debtor at the time he was hired?
ABI Membership is required to access the full summary of Northwest Pipe Fittings Inc. v. Paddock (In re Paddock) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Boukatch v. MidFirst Bank (In re Boukatch)
Jul
09
2015
Ruling
"Chapter 20" debtors could strip off wholly unsecured junior lien on primary residence.
Issue(s)
Whether "Chapter 20" debtors, debtors who had been discharged of personal liability for a home mortgage debt by receiving a chapter 7 discharge and within four years filed for chapter 13 relief, could modify the in rem rights of the holder of the mortgage debt by avoiding the lien through a chapter 13 plan, even though the debtors were ineligible for discharge pursuant to 11 U.S.C.S. § 1328(f)(1).
ABI Membership is required to access the full summary of Boukatch v. MidFirst Bank (In re Boukatch) 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 Amen
Jun
02
2015
Ruling
Contingency fee for trustee's attorneys approved as reasonable.
Issue(s)
Should trustee's own law firm, employed as counsel to the trustee, be allowed its fee under a contingency agreement?
ABI Membership is required to access the full summary of In re Amen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Stevens
Jun
01
2015
Ruling
Reconsideration of approval of appointment of trustee's attorney who previously represented creditors in state court case against debtor denied.
Issue(s)
Whether court should grant motion of debtor's parents for reconsideration of its order approving a trustee's application under 11 U.S.C.S. § 327(a) to employ an attorney and his firm to pursue avoidance actions against the parents.
ABI Membership is required to access the full summary of In re Stevens Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: