In re Snyder-Myrstol
May
18
2015
Ruling
Chapter 12 case dismissed where debtor did not earn more than 50 percent of gross income from farming.
Issue(s)
Was debtor who raised horses and chickens and sold eggs an eligible chapter 12 debtor?
ABI Membership is required to access the full summary of In re Snyder-Myrstol Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Eeds
Mar
16
2015
Ruling
Creditor's continued postpetition garnishment of debtor's wages in willful violation of stay justified award of damages and fees.
Issue(s)
What sanctions were appropriate for creditor's continued garnishment of debtor's wages after the petition date?
ABI Membership is required to access the full summary of In re Eeds 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 Weik
Feb
28
2015
Ruling
Case filed to defeat state court litigation dismissed due to debtor's failure to disclose prior dismissed bankruptcies and failure to propose sufficient plan payments.
Issue(s)
Should debtor's chapter 13 plan be confirmed or should the trustee's motion to dismiss be granted with prejudice and a two-year prohibition against refiling due to debtor's lack of eligibility, abuse of the bankruptcy process, and lack of good faith?
ABI Membership is required to access the full summary of In re Weik Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schlegel v. Billingslea (In re Schlegel)
Feb
25
2015
Ruling
Chapter 13 case properly dismissed where debtors completed monthly payments but did not pay promised percentage dividend.
Issue(s)
Whether a chapter 13 case may be dismissed for the debtors' failure to pay both the required plan payment and the approved percentage dividend to unsecured nonpriority creditors during the applicable commitment period?
ABI Membership is required to access the full summary of Schlegel v. Billingslea (In re Schlegel) 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 EndoBiologics Inc.
Feb
24
2015
Ruling
Bankruptcy court did not err in authorizing trustee's sale of patents to high bidder whose proof of claim had been disallowed.
Issue(s)
Should the bankruptcy court set aside its order for auction of four patents rather than selling them to debtor's president and shareholder who was also a creditor?
ABI Membership is required to access the full summary of In re EndoBiologics Inc. 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 Wright
Feb
13
2015
Ruling
Judicial lien was avoidable as impairing debtor's homestead exemption in two adjoining parcels.
Issue(s)
Was debtor bail bondsman entitled to claim a homestead exemption in two adjoining parcels used as both residence and for business, even though the residence on one property was uninhabitable?
ABI Membership is required to access the full summary of In re Wright 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 Kirkpatrick
Dec
22
2014
Ruling
Confirmation denied as plan did not give priority treatment to domestic support obligation.
Issue(s)
Should confirmation be denied due to the plan's failure to provide priority treatment to alleged domestic support obligation?
ABI Membership is required to access the full summary of In re Kirkpatrick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
articulated in Martin v. Kane (In re A & C Properties). Womack v. Hardin (In re Hardin & Co.)
Dec
22
2014
Ruling
Settlement could not be enforced due to inconsistency with property listing agreement.
Issue(s)
Could the bankruptcy court enforce a settlement that the trustee had not signed due to discrepancies with related property listing agreement?
ABI Membership is required to access the full summary of articulated in Martin v. Kane (In re A & C Properties). Womack v. Hardin (In re Hardin & Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Elliott v. Weil (In re Elliott)
Dec
10
2014
Ruling
Bankruptcy court's order sustaining trustee's objection to debtor's claimed homestead exemption reversed due to failure to make relevant factual findings.
Issue(s)
Should bankruptcy court order sustaining trustee's objection to debtor's homestead exemption be reversed?
ABI Membership is required to access the full summary of Elliott v. Weil (In re Elliott) 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
Gotcher v. Duffie (In re Duffie)
Nov
13
2014
Ruling
Creditors' nondischargeability proceeding dismissed to the extent claiming conversion not supported by any facts.
Issue(s)
Should creditor' complaint in an adversary proceeding claiming conversion be dismissed for failure to state a claim?
ABI Membership is required to access the full summary of Gotcher v. Duffie (In re Duffie) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: