- 11 U.S.C.
Munces Superior Petroleum Prods. V. New Hampshire Deps of Envtl. Servs. (In re Munces Superior Petroleum Prods.)
Nov
20
2013
Ruling
Postpetition state court contempt order was entitled to administrative expense priority.
Issue(s)
Whether a post-petition contempt fine assessed by a state court against a debtor-in-possession was entitled to administrative expense priority under 11 U.S.C. § 503(b)(1)(A).
ABI Membership is required to access the full summary of Munces Superior Petroleum Prods. V. New Hampshire Deps of Envtl. Servs. (In re Munces Superior Petroleum Prods.) 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 Active Capital Partners Fund 1 LP
Oct
25
2013
Ruling
Trustee's fee reduced in converted chapter 7 case due to extraordinary circumstances.
Issue(s)
Was trustee in converted case entitled to full fee where the trustee was trustee in debtor's prior chapter 11 where most of the debtor's assets were liquidated resulting in funds handed over to himself as chapter 7 trustee, and where the chapter 11 case involved very little services in operating the debtor's businesse. s
ABI Membership is required to access the full summary of In re Active Capital Partners Fund 1 LP 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 Perman
Sep
18
2013
Ruling
Confirmation denied due to provision that estate property would be disbursed to debtor's attorney in event of dismissal.
Issue(s)
Could debtor's plan propose to set aside projected attorneys' fees for disbursement to debtor's attorney upon confirmation or dismissal.
ABI Membership is required to access the full summary of In re Perman 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 Meridian Sunrise Vill.
Aug
16
2013
Ruling
Plan which met all other requirements required further hearing on feasibility.
Issue(s)
Was creditor in lender group entitled to hearing on feasibility of plan that otherwise met chapter 11 requirements.
ABI Membership is required to access the full summary of In re Meridian Sunrise Vill. 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 11447 Second St. I LLC
Aug
08
2013
Ruling
Relief from stay granted to allow creditor to proceed against shopping center lacking equity and not necessary for effective reorganization.
ABI Membership is required to access the full summary of In re 11447 Second St. I LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Waldron v. Huber (In re Huber)
May
17
2013
Ruling
Transfers to trust with multiple badges of fraud were avoidable.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against bankruptcy debtor seeking a determination that transfers of the debtor's assets into a trust settled by the debtor were avoidable as fraudulent transfers under 11 U.S.C.S. § 548(e)(1) and state law. The trustee moved for summary judgment.
ABI Membership is required to access the full summary of Waldron v. Huber (In re Huber) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hann v. Educational Credit Mgmt. Corp. (In re Hann)
Mar
29
2013
Ruling
Creditor properly sanctioned for postdischarge attempts to collect student loan debt that bankruptcy court had allowed in the amount of $0.
Procedural posture
Creditor appealed the judgment of the United States Bankruptcy Appellate Panel for the First Circuit (BAP) that affirmed the decision of a bankruptcy court to sanction the creditor for attempting to collect on an alleged unpaid student loan debt from appellee chapter 13 bankruptcy debtor.
ABI Membership is required to access the full summary of Hann v. Educational Credit Mgmt. Corp. (In re Hann) 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.
Mele v. Mele (In re Mele)
Mar
08
2013
Ruling
Debt resulting from breach of marital trust relationship was nondischargeable on grounds of fiduciary defalcation.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 13 debtor requesting that various divorce-related debts be declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(5), (a)(6), and (a)(15). The debtor moved for summary judgment on the § 523(a)(4) and (a)(5) claims. The creditor cross-moved for summary judgment on the § 523(a)(4) claim and withdrew the § 523(a)(5) claim.
ABI Membership is required to access the full summary of Mele v. Mele (In re Mele) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Smythe v. United States (In re Smythe)
Mar
12
2012
Ruling
Taxes for which no return was filed until after the IRS assessed deficiencies were nondischargeable.
Procedural posture
Plaintiff debtors and defendant IRS filed cross motions for summary judgment in the debtors' complaint, which sought to have federal income tax liabilities for three tax years discharged. The IRS claimed that the liabilities were not dischargeable pursuant to 11 U.S.C.S. § 523(a)(1)(B)(i).
ABI Membership is required to access the full summary of Smythe v. United States (In re Smythe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Koehler
Jan
19
2012
Ruling
Judicial lien that dated related back to equitable lien that predated debtor's interest in property could not be avoided for impairing debtor's homestead exemption.
Procedural posture
A chapter 7 debtor filed a motion to avoid a judicial lien on real property pursuant to 11 U.S.C.S. § 522(f) on the basis that the lien impaired her homestead exemption under Wash. Rev. Code § 6.13.030(2).
ABI Membership is required to access the full summary of In re Koehler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: