- 11 U.S.C.
Walsh v. Benson (In re Benson)
Mar
26
2007
Ruling
IRA exemption disallowed to the extent funds were not reasonably necessary to support debtor and spouse.
Procedural posture
The matter was before the court following remand by the district court, which concluded that the court erred as a matter of law in sustaining the trustee's objections to exemptions respondent debtors had taken in portions of their respective individual retirement accounts (IRAs) in accordance with 11 U.S.C. § 522(d)(10)(E).
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Court
:
- FRBP
In re Sonicblue Inc.
Mar
26
2007
Ruling
Debtor's counsel disqualified for failure to disclose connection to senior bondholders who controlled creditors'committee.
Procedural posture
Bankruptcy debtors'counsel issued a prepetition opinion letter assuring payment to certain of the debtors'senior bondholders who effectively controlled the creditors'committee in the debtors'bankruptcy. After disclosure of the opinion letter, the U.S. Trustee moved to disqualify the debtors'counsel and to appoint a chapter 11 trustee, and a claims trader which acquired claims against the estate moved to convert the case to chapter 7.
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Court
:
- 11 U.S.C.
In re Tubman
Mar
26
2007
Ruling
Stay in debtor's third chapter 13 case terminated after 30 days as to debtor and debtor's property only, not property of the estate.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(c)(3)(B) and a motion for a declaratory judgment as to the continuation of the stay as to property of the estate.
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Court
:
- 11 U.S.C.
In re Forest Hill Funeral Home & Mem. Park - East LLC
Mar
26
2007
Ruling
Case dismissed for bad faith where funeral home debtor made improper investments, failed to keep adequate records and intended to thwart state enforcement proceedings.
Procedural posture
A bankruptcy debtor owned and operated cemeteries, funeral homes, and mausoleums, and filed its chapter 11 bankruptcy petition after becoming unable to honor prepaid contracts for funeral arrangements. A state agency which regulated the funeral home, cemetery, and mausoleum business moved to dismiss the debtor's case or for abstention in favor of pending state proceedings for appointment of a receiver for the debtor.
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Court
:
- FRBP
In re Perrine
Mar
23
2007
Ruling
Debtor's attorneys ordered to turn over property transferred by debtor in contemplation of bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling debtor's two attorneys and their law firm to disgorge undisclosed fees received within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case.
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Court
:
In re Spielberg
Mar
23
2007
Ruling
Trustee's motion for bad faith dismissal overruled where completion of administration was in best interests of the creditors.
Procedural posture
Movant, the U.S. Trustee ("UST"), moved for an order dismissing a chapter 7 bankruptcy case filed by debtor on the ground that the filing had been made in bad faith within the meaning of 11 U.S.C. § 707(a). At issue was whether it was in the best interest of debtor's creditors to complete the administration of the estate. Also interested in the proceedings was the chapter 7 trustee.
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Court
:
- 11 U.S.C.
New York v. Suarez (In re Suarez)
Mar
23
2007
Ruling
Judgment lien based on debtor's fiduciary fraud under statutory trust involving misuse of collected health club fees was nondischargeable.
Procedural posture
Plaintiff State, on behalf of its citizens, brought an adversary proceeding against defendant bankruptcy debtor, alleging that a debt for restitution arising out of a consent order and judgment against the debtor was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(4) based on the debtor's fraud and fiduciary defalcation. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Dunn v. Quiepo (In re Quiepo)
Mar
23
2007
Ruling
Discharge denied due to debtor's failure to list maiden name in which she took title to certain property and due to unexplained loss of assets.
Procedural posture
Chapter 7 trustee sought denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4) and (a)(5).
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Court
:
- 11 U.S.C.
In re Cartwright
Mar
23
2007
Ruling
Confirmation denied as state court reformation of mortgage to cover two tracts of land prevented debtor from proposing to make payments on one tract and surrender the other.
Procedural posture
A secured creditor objected to confirmation of a debtor's proposed first amended plan of reorganization under chapter 13.
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Court
:
In re Minter-Higgins
Mar
23
2007
Ruling
Debtor not required to turn over amount of check and debit transfers issues prepetition but paid postpetition.
Procedural posture
A bankruptcy trustee sought turnover from the bankruptcy debtor under 11 U.S.C. § 542(a) of the amount of checks and debit transfers which the debtor issued prior to filing her bankruptcy petition, but which were not paid by the debtor's bank until after the petition was filed. The trustee moved to alter or amend the oral judgment of the bankruptcy court which denied the trustee's motion for turnover.
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Court
: