- 11 U.S.C.
In re Nguyen
Apr
02
2012
Ruling
Confirmation of nonconsensual plan denied where balloon payment violated requirement for equal monthly payments.
Procedural posture
A creditor objected to the confirmation of a chapter 13 debtor's plan, asserting that 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I)'s requirement for equal monthly payments necessarily precluded payment of its secured claim through a balloon payment as provided in the plan.
ABI Membership is required to access the full summary of In re Nguyen 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 Williams
Mar
19
2012
Ruling
Case dismissed as filed in bad faith where debtor purchased house on petition date.
Procedural posture
Movant, the trustee, asked the court to dismiss debtor's chapter 7 case on claims that it constituted an abuse of chapter 7 and was properly dismissed under either the so-called "means test" per 11 U.S.C.S. § 707(b)(2) or under the "totality of the circumstances" test in § 707(b)(3). Movant also argued that the case was filed in bad faith.
ABI Membership is required to access the full summary of In re Williams 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 Footen
Feb
29
2012
Ruling
Debtors who were ineligible for exemptions in current or former home state could claim federal exemptions.
Procedural posture
This matter came before the court on the trustee's objection to debtors' claimed exemptions.
ABI Membership is required to access the full summary of In re Footen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Willms v. Sanderson
Feb
16
2012
Ruling
Finding of dischargeability reversed due to improper consideration of late evidence from debtor.
Procedural posture
Creditors filed a complaint in the United States Bankruptcy Court for the District of Oregon seeking pursuant to 11 U.S.C.S. § 523(a)(2)(A) to prevent discharge of a debt owed by defendant bankruptcy debtor. After making findings in favor of the creditors, the bankruptcy court granted the debtor's motion for reconsideration based on newly discovered evidence and reversed its fraud finding. The creditors appealed.
ABI Membership is required to access the full summary of Willms v. Sanderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
South Valley Bank & Trust v. Sequoia Vill. LLC (In re Sequoia Vill. LLC)
Feb
14
2012
Ruling
Remand of bank's case against debtor and 15 other non-debtor defendants denied where related proceeding was pending in district court.
Procedural posture
Bank filed a complaint against debtor and 15 other non-debtor defendants in state court. The debtor filed a chapter 11 petition and on the same date removed the action to the bankruptcy court. The debtor filed a motion for withdrawal of reference, and the bank objected. The bank filed a motion for remand pursuant to 28 U.S.C.S. § 1452(b).
ABI Membership is required to access the full summary of South Valley Bank & Trust v. Sequoia Vill. LLC (In re Sequoia Vill. LLC) 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 Wedblad
Jan
25
2012
Ruling
Case dismissed for abuse pursuant to means test using IRS standards pursuant to §707(b)(2)(A), which did not unconstitutionally delegate legislative power to IRS.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b).
ABI Membership is required to access the full summary of In re Wedblad 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 Taggart
Dec
09
2011
Ruling
Continued prosecution of state court case did not violate stay where debtor had reengaged on counterclaim.
Procedural posture
The court received evidence and heard testimony and argument at a hearing on debtor's motion to hold respondents in contempt for violating the discharge injunction under 11 U.S.C.S. § 524. The hearing was limited to issues as to liability. At the conclusion of the hearing, the court took the matter under advisement.
ABI Membership is required to access the full summary of In re Taggart 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 Saleen
Dec
02
2011
Ruling
Thirty-six month plan proposed by above-median debtors denied as not meeting 60-day commitment period.
Procedural posture
Debtors proposed chapter 13 Plan was before the court regarding confirmation. The trustee raised objections.
ABI Membership is required to access the full summary of In re Saleen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Krouse
Nov
21
2011
Ruling
Trustee's settlement of unresolved claims that maximized return to creditors approved.
Procedural posture
Chapter 7 trustees in two cases sought an order approving a global settlement that would provide for the sale of an individual debtor's interest in a corporate debtor, the resolution of claims by and between the estates and various parties, and dismissal of the corporate debtor's case. The individual debtor objected to the motions.
ABI Membership is required to access the full summary of In re Krouse Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
McKittrick v. Gavilon LLC (In re Cascade Grain Prods. LLC)
Oct
28
2011
Ruling
Payments for shipments received more than two days after the contract dates were made under forward contracts and not preferential.
Procedural posture
Plaintiff Chapter 7 trustee sought to recover as preferential transfers under 11 U.S.C.S. § 547(b) payments that the debtor paid to defendant companies. Defendants filed a motion for summary judgment arguing that the transfers were settlement payments on account of forward contracts and therefore not subject to recovery as preferences under 11 U.S.C.S. § 546(e).
ABI Membership is required to access the full summary of McKittrick v. Gavilon LLC (In re Cascade Grain Prods. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: