- 11 U.S.C.
Simons v. Kolwitz (In re K Props. LLC)
May
27
2010
Ruling
Claim for damages arising out of construction contract was dischargeable absent evidence of fraud.
Procedural posture
Creditors filed a complaint against chapter 11 debtor seeking a determination that their claim was nondischargeable under 11 U.S.C.S. § 523(a)(2). They claimed damages arising out of the failure of a construction contract.
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Court
:
- 11 U.S.C.
In re Warren
Mar
22
2010
Ruling
Trustee could sell debtor's bad faith cause of action to insurer.
Procedural posture
The debtor scheduled as an asset a bad faith claim against his insurer. The trustee proposed selling the bad faith claim to the insurer pursuant to 11 U.S.C.S. § 363. Creditors objected.
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Court
:
- 11 U.S.C.
In re Main
Feb
02
2010
Ruling
Debtor's use of borrowed funds for purposes other than originally intended did not give rise to nondischargeable debt.
Procedural posture
Plaintiff creditors filed an adversary complaint for a judgment excepting their $20,000 claim, based on a promissory note, from defendant debtors' discharge per 11 U.S.C.S. § 523(a)(2)(A). Plaintiffs also sought revocation of discharge per 11 U.S.C.S. § 727(d).
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Court
:
- 11 U.S.C.
Boone v. State (In re Boone)
Jan
20
2010
Ruling
Motion for damages for violation of confirmation order denied as to state officials acting in official capacity and against governmental unit.
Procedural posture
Plaintiff debtor filed a complaint seeking declarative relief and damages for violation of the terms of the order confirming his chapter 13 plan. Defendants, i.e., the State of California; the Governor of California; the County of Alameda, Family Support Division; and the Director of Child Support Services, filed a motion to dismiss themselves as party defendants under Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
Commercial & Residential Maint. Inc. v. Abblitt (In re Abblitt)
Dec
21
2009
Ruling
Racketeering judgment for treble damages was nondischargeable.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's theft from the creditor while the debtor was an employee of the creditor. The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Applebaum
Apr
17
2009
Ruling
State exemption scheme that was uniformly applied to current and former residents and did not conflict with federal law was constitutional.
Procedural posture
The Trustee objected to the debtors' claimed exemptions under the California Code of Civil Procedure, asserting that California's scheme providing for a separate set of exemptions for debtors in bankruptcy was unconstitutional.
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Court
:
- 11 U.S.C.
Gelco Constr. Co. v. Plum (In re Plum)
Mar
20
2009
Ruling
Debt incurred due to debtor's misrepresentations to lender was nondischargeable.
Procedural posture
Creditor filed an adversary proceeding against debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
In re Graham
Oct
17
2008
Ruling
Stay terminated after 30 days with respect to debtor in second bankruptcy was not terminated with respect to creditor's lien rights.
Procedural posture
A bankruptcy debtor filed a second bankruptcy case after a first case was dismissed within a year of the second case, and the debtor's motion to extend the automatic bankruptcy stay in the second case beyond the 30-day period provided in 11 U.S.C.S. § 362(c)(3) was denied. A creditor secured by the debtor's property sought an order confirming that the stay was terminated.
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Court
:
- 11 U.S.C.
In re South Star Oil Co.
Sep
15
2008
Ruling
Chapter 11 trustee appointed when debtor in possession's businesses were not profitable but conversion to chapter 7 would not benefit debtor or primary creditor.
Procedural posture
Several creditors and the United States Trustee filed motions to dismiss or convert to chapter 7, or alternatively to appoint a trustee under 11 U.S.C.S. § 1104. The principal creditor asserted a priority claim under 11 U.S.C.S. §§ 507(a)(2) and 503(b)(9) for the inventory supplied within 20 days of the petition date.
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Court
:
- 11 U.S.C.
In re Owens
Sep
15
2008
Ruling
Maximum allowable compensation for trustee was unreasonable where sale of major asset resulted in loss to detriment of unsecured creditors.
Procedural posture
The United States Trustee (UST) objected to the application filed by a chapter 7 trustee, seeking the maximum amount of compensation allowed by 11 U.S.C.S. § 326.
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Court
: