Strickland v. U.S. Trustee (In re Wojcik)
Nov
30
2016
Ruling
Court fined and ordered appellant to disgorge fees for the use of the words "paralegal" and"legal" in advertising her bankruptcy preparation services. (B.A.P. 9th Cir.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions; Advertising.
ABI Membership is required to access the full summary of Strickland v. U.S. Trustee (In re Wojcik) 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.
Samson v. Franz (In re Franz)
Oct
17
2016
Ruling
Funds derived from debtor’s mother’s estate following conversion to chapter 7 were propertyof the estate, should have been surrendered and were subject to turnover. (Bankr. D. Mont.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to Trustee.
ABI Membership is required to access the full summary of Samson v. Franz (In re Franz) 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 Red Door Lounge, Inc.
Oct
14
2016
Ruling
Case converted to chapter 7 in best interests of creditors. (Bankr. D. Mont.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.
ABI Membership is required to access the full summary of In re Red Door Lounge, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Morin
Oct
07
2016
Ruling
Relief from stay to allow arbitrator’s decision to proceed to final judgment denied. (Bankr. D.Mont.)
Issue(s)
Automatic Stay; Relief from Stay.
ABI Membership is required to access the full summary of In re Morin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Brandon v. Sherwood (In re Sann)
Aug
15
2016
Ruling
Funds held in debtor’s attorneys’ trust account pursuant to prepetition injunction wereproperty of the estate and subject to turnover. (Bankr. D. Mont.)
Issue(s)
Was trustee entitled to turnover of funds deposited in debtor’s attorneys’ trust account prior to the petition date?
ABI Membership is required to access the full summary of Brandon v. Sherwood (In re Sann) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Norenberg
Jul
21
2016
Ruling
Failure to report non-debtor spouse’s separate income, not paid on a regular basis, was notgrounds for abuse dismissal. (Bankr. D. Mont.)
Issue(s)
Should debtor’s case be dismissed for abuse where the debtor omitted income received by nonfiling spouse from the means test calculation?
ABI Membership is required to access the full summary of In re Norenberg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Johnson
Apr
25
2016
Ruling
Creditor's proof of claim met burden for establishing validity and amount.
Issue(s)
Did creditor's proof of claim meet creditor's burden of establishing validity and amount of the claim?
ABI Membership is required to access the full summary of In re Johnson 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 Shoot the Moon LLC
Apr
12
2016
Ruling
Trustee ordered to pay all postpetition rents due creditor.
Issue(s)
Should chapter 11 trustee be compelled to immediately pay administrative rent due to landlord?
ABI Membership is required to access the full summary of In re Shoot the Moon LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Arnot v. Endresen (In re Endresen)
Apr
08
2016
Ruling
Bankruptcy court misapplied the equity exception under § 552(b)(1) by not awarding settlement funds to non-appearing lender.
Issue(s)
Did the bankruptcy court err when distributing settlement proceeds by awarding a portion to trustee rather than to non-appearing lender?
ABI Membership is required to access the full summary of Arnot v. Endresen (In re Endresen) 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 Sann
Apr
05
2016
Ruling
Debtor held in contempt for failure to turn over property in accordance with court order.
Issue(s)
Should debtor be held in contempt for failing to fully comply with a turnover order?
ABI Membership is required to access the full summary of In re Sann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: