Judge Alley

Simons v. Kolwitz (In re K Props. LLC)

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.
Ruling: 
Claim for damages arising out of construction contract was dischargeable absent evidence of fraud.
ABI Membership is required to access the full summary of Simons v. Kolwitz (In re K Props. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 27,2010, LexisNexis #0910-016

In re Warren

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.
Ruling: 
Trustee could sell debtor's bad faith cause of action to insurer.
ABI Membership is required to access the full summary of In re Warren. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 22,2010, LexisNexis #0610-080

In re Main

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).
Ruling: 
Debtor's use of borrowed funds for purposes other than originally intended did not give rise to nondischargeable debt.
ABI Membership is required to access the full summary of In re Main. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0410-015

Boone v. State (In re Boone)

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).
Ruling: 
Motion for damages for violation of confirmation order denied as to state officials acting in official capacity and against governmental unit.
ABI Membership is required to access the full summary of Boone v. State (In re Boone). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 20,2010, LexisNexis #0310-064

Commercial & Residential Maint. Inc. v. Abblitt (In re Abblitt)

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.
Ruling: 
Racketeering judgment for treble damages was nondischargeable.
ABI Membership is required to access the full summary of Commercial & Residential Maint. Inc. v. Abblitt (In re Abblitt). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2009, LexisNexis #0110-118

In re Applebaum

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.
Ruling: 
State exemption scheme that was uniformly applied to current and former residents and did not conflict with federal law was constitutional.
ABI Membership is required to access the full summary of In re Applebaum. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 17,2009, LexisNexis #0609-116

Gelco Constr. Co. v. Plum (In re Plum)

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).
Ruling: 
Debt incurred due to debtor's misrepresentations to lender was nondischargeable.
ABI Membership is required to access the full summary of Gelco Constr. Co. v. Plum (In re Plum). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2009, LexisNexis #0609-052

In re Graham

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.
Ruling: 
Stay terminated after 30 days with respect to debtor in second bankruptcy was not terminated with respect to creditor's lien rights.
ABI Membership is required to access the full summary of In re Graham. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 17,2008, LexisNexis #1208-005

In re Owens

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.
Ruling: 
Maximum allowable compensation for trustee was unreasonable where sale of major asset resulted in loss to detriment of unsecured creditors.
ABI Membership is required to access the full summary of In re Owens. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 15,2008, LexisNexis #1008-132

In re South Star Oil Co.

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.
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.
ABI Membership is required to access the full summary of In re South Star Oil Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 15,2008, LexisNexis #1008-124

Pages

Subscribe to Judge Alley