- 11 U.S.C.
Grillo v. JPMorgan Chase & Co.
May
30
2014
Ruling
Discharged debtor lacked standing to pursue unscheduled claims against lender, which remained property of the estate.
Issue(s)
Should debtor's case against lender based on loan modification be dismissed due to failure to list the claim in its bankruptcy schedules?
ABI Membership is required to access the full summary of Grillo v. JPMorgan Chase & Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jonak v. McDermott
May
28
2014
Ruling
Individual who did more than type filings for debtors was a bankruptcy petition preparer and was properly held to have acted in violation of §110.
Issue(s)
Was debtor who was not an attorney, is the sole shareholder, president and operating principal of a company that provided customers with legal services plans for various subject matters, including bankruptcy, a bankruptcy petition preparer engaging in the unauthorized practice of law?
ABI Membership is required to access the full summary of Jonak v. McDermott Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gulf Offshore Logistics LLC v. Serian Exploration and Pros. Co. LLC
May
28
2014
Ruling
Claim of intervenor against broker with no formal tie to debtors was not subject to stay.
Issue(s)
Should intervenor be allowed to reopen case to pursue cross-claim against broker, agent, and charterer of vessels, barges and other marine equipment and services to the marine industry that held a claim against debtor, a company that was engaged in offshore drilling and exploration operations in the Gulf of Mexico?
ABI Membership is required to access the full summary of Gulf Offshore Logistics LLC v. Serian Exploration and Pros. Co. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
First Sec. Bank & Trust Co. v. Vander Vegt
May
27
2014
Ruling
Family dairy farmer debtor could pursue alternative financing.
Issue(s)
Had family dairy farmer debtors established that they were entitled to pursue alternative financing by showing that they have been unable to obtain credit by any other means and that creditor bank's position was adequately protected?
ABI Membership is required to access the full summary of First Sec. Bank & Trust Co. v. Vander Vegt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mahoney v. Bank of Am.
May
27
2014
Ruling
Debtor mortgagors had standing to pursue negligent loan administration claim against loan servicers.
Issue(s)
Did debtor borrowers have standing to pursue claims for breach of contract, declaratory relief, negligent loan administration, injunctive relief and specific performance against loan servicer?
ABI Membership is required to access the full summary of Mahoney v. Bank of Am. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schneller v. Journal Register Co.
May
22
2014
Ruling
Bankruptcy court properly denied pro se appellant's motion to reopen debtor's bankruptcy to pursue frivolous claims that had been dismissed by state courts.
Issue(s)
Should pro se debtor be allowed to reopen cases of debtor newspaper publisher to prosecute state law claims that had been dismissed with prejudice in state court?
ABI Membership is required to access the full summary of Schneller v. Journal Register Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hinners v. Argent Corp.
May
19
2014
Ruling
Bankruptcy court properly found that state court judgment for fraudulent misrepresentation established nondischargeability of debt.
Issue(s)
Did bankruptcy court err in holding finding that collateral estoppel applied to state court judgment of fraudulent misrepresentation for purposes of nondischargeability?
ABI Membership is required to access the full summary of Hinners v. Argent Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Berman v. Smith (In re Goldschmidt)
Apr
30
2014
Ruling
Trustee could settle fraudulent transfer claim regarding avoidable transfer from debtors to debtors' business.
Issue(s)
Did trustee have standing to settle fraudulent transfer claim against debtor's non-debtor business?
ABI Membership is required to access the full summary of Berman v. Smith (In re Goldschmidt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
IRS v. Smith (In re Smith)
Apr
29
2014
Ruling
Filing by debtors years after IRS commenced action did not constitute a "return" and related tax debt was nondischargeable.
Issue(s)
Did bankruptcy court err in holding that debtor's Form 1040 submitted seven years after it was due and three years after the IRS made an assessment and commenced collection proceedings constituted a return so that the related tax debt could be discharged?
ABI Membership is required to access the full summary of IRS v. Smith (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nevada Prop. 1 LLC v. DAmico (In re DAmico)
Apr
23
2014
Ruling
Gambling debts to casinos properly held dischargeable.
Issue(s)
Did bankruptcy court err in holding that debtor's gambling debts to Las Vegas casinos were dischargeable?
ABI Membership is required to access the full summary of Nevada Prop. 1 LLC v. DAmico (In re DAmico) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: