Ponder v. Apyron Techs. Inc. (In re Apyron Techs. Inc.)
Sep
12
2005
Ruling
Former employee's intellectual property claim against debtor employer was subordinated to claims made by other unsecured creditors since the employee's false representations greatly injured the debtor.
Procedural posture
Plaintiff former employee sought a judgment declaring that he and not defendant debtor, who was his former employer, owned certain intellectual property. It was determined that the debtor owned the technology. The bankruptcy court addressed the balance of the debtor's motion for summary judgment.
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Court
:
- 11 U.S.C.
Turner v. Cornelius (In re Cornelius)
Sep
12
2005
Ruling
Debtor was denied discharge where the debtor made two material false oaths.
Procedural posture
The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).
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Court
:
- 11 U.S.C.
Conseco Inc. v. Schwartz (In re Conseco Inc.)
Sep
09
2005
Ruling
Discharge and plan injunctions did not bar class action since the insurance contracts at issue in the action were executory contracts that debtor was obligated to perform after discharge.
Procedural posture
Plaintiff, a corporation newly formed to act as the chapter 11 reorganized debtor, filed a motion in its adversary proceeding against defendant litigants, seeking pursuant to 11 U.S.C. § 524 to enforce the discharge injunction and a related injunction contained in the debtor's confirmed plan of reorganization and the confirmation order.
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Court
:
- 11 U.S.C.
Tynes v. Lowell (In re Lowell)
Sep
06
2005
Ruling
Debts owed to debtor's former spouse pursuant to a divorce decree were nondischargeable since they were intended as part of spousal support.
Procedural posture
Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that amounts owed by the debtor under the parties'divorce decree were non-dischargeable under 11 U.S.C. § 523(a)(5) and (15). The court conducted a trial.
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Court
:
- 11 U.S.C.
Savage & Assocs. P.C. v. A.I. Credit Corp. (In re Teligent Inc.)
Sep
02
2005
Ruling
Debtors'payments to a company for financing the debtors'business insurance premiums were not preferential transfers since the company was oversecured and had properly perfected its security interest.
Procedural posture
Plaintiff representative of unsecured creditors of reorganized bankruptcy debtors brought an adversary proceeding against defendant, a company which financed insurance premiums, alleging that the debtors' payments to the company for financing its business insurance premiums constituted preferential transfers under 11 U.S.C. § 547. The company moved for summary judgment.
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Court
:
- 11 U.S.C.
Thurmond v. Rajapakse (In re Rajapakse)
Sep
01
2005
Ruling
Order directing the debtors to turn over property located outside the United States was granted since estate property includes that located inside or outside the United States.
Procedural posture
The chapter 7 trustee moved, pursuant to 11 U.S.C. § 521(4), for an order directing the debtors to turn over and account for certain property located outside the United States. The debtors contended that the disputed property was not property of the estate and was therefore beyond the bankruptcy court's jurisdiction.
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Court
:
Gordon v. NovaStar Mortg. Inc. (In re Hedrick)
Aug
31
2005
Ruling
Creditor's loan security deed was not an avoidable preference since the security deed was effective not on its recording but on the date of execution, which was prior to 90-day lookback period, and under equitable subordination doctrine.
Procedural posture
Plaintiff chapter 7 trustee in bankruptcy sought to avoid as a preference, a security deed recorded for the benefit of defendant lender against debtors'residence that secured a refinancing loan, pursuant to 11 U.S.C. § 547. The trustee asserted that the recording was a transfer of an interest in debtors'property within the 90-day period preceding the bankruptcy, made while debtors were insolvent. Both parties moved for summary judgment.
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Court
:
- 11 U.S.C.
Rutherford v. Auto Cash Inc. (In re Rutherford)
Aug
29
2005
Ruling
Sanctions for willful violation of the automatic stay were imposed on a creditor who repossessed a vehicle prior to the debtor's filing and refused turnover without a court order.
Procedural posture
Plaintiffs, debtors, sought sanctions against defendant creditor pursuant to 11 U.S.C. § 362(h). The debtors contended that the creditor willfully violated the automatic stay when it refused to turn over a vehicle, which the creditor repossessed prior to the filing of the petition. The creditor argued that before turning over the vehicle, it was entitled to a court order determining that the creditor's interest in the vehicle was adequately protected.
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Court
:
- 11 U.S.C.
Cadle Co. v. Preston-Guenther (In re Guenther)
Aug
29
2005
Ruling
Debtors were denied discharge where they did not dispute that they had made false oaths that were material.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant Chapter 7 debtors, seeking the denial of a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4).
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Court
:
Unsecured Claims Admr v. Franks (In re Centennial HealthCare Corp.)
Aug
29
2005
Ruling
Objection to creditor's state court punitive damages claim was rejected since punitive damages claims are permissible though often subordinated claims under Code sections.
Procedural posture
Respondent judgment creditor filed a claim against the debtors alleging that the debtors were liable to her pursuant to a judgment from a state court in Massachusetts in the amount of $114,148, which included an assessment of punitive damages. Movant, unsecured claims administrator, objected to the claim because he contended that punitive damages were not allowed in a bankruptcy context.
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Court
: