In re Johnson
Oct
11
2007
Ruling
Case dismissed due to incarcerated debtor's failure to obtain credit counseling.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the bankruptcy case based the debtor's failure to obtain credit counseling as required by 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Briscoe
Sep
04
2007
Ruling
Debtor was entitled to full housing expense based on IRS standards regardless of actual expense and IRS manual was not applicable.
Procedural posture
A bankruptcy debtor proposed a chapter 13 plan which provided for payment of the debtor's projected disposable income to unsecured creditors, which was calculated under 11 U.S.C. § 1325(b)(3) using a housing expense based on uniform IRS standards rather than the debtor's lower actual expense. The bankruptcy trustee objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Bond
Aug
06
2007
Ruling
Disapproval of reaffirmation agreement did not trigger automatic termination of stay.
Procedural posture
The debtor filed for relief under chapter 7. The creditor filed a motion for approval of a reaffirmation agreement or in the alternative an entry of an order confirming termination of the automatic stay.
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Court
:
- 28 U.S.C.
In re Barnes
Jul
01
2007
Ruling
Bank's claim for breach of postpetition claim settlement agreement was contractual and was not related to debtor's bankruptcy.
Procedural posture
A bank filed a motion for permission to examine a debtor under Fed. R. Bankr. P. 2004.
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Court
:
- FRBP
In re House of Wines Inc.
Jun
26
2007
Ruling
Claim that did not set forth basis for treatment as prepetition claim was not entitled to presumption of validity.
Procedural posture
Chapter 7 trustee filed an objection to the proof of claim filed by creditor.
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Court
:
- 11 U.S.C.
Webster v. Fujitsu Consulting Inc. (In re NETtel Corporation Inc.)
May
22
2007
Ruling
Preference period payments to vendor were consistent with prior practice and with industry standards and coverd by "ordinary course"defense.
Procedural posture
Plaintiff chapter 7 trustee initiated an adversary proceeding to avoid and recover two transfers made by debtor, as a result of cash infusions, to defendant vendor pursuant to 11 U.S.C. §§ 547 (amended 2005) and 550. Pending were cross-motions for summary judgment.
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Court
:
In re Barbaran
Mar
29
2007
Ruling
Credit counseling obtained on the petition date prior to filing satisfied requirements.
Procedural posture
Chapter 7 trustee filed a motion to dismiss debtor's case on the grounds that debtor, who obtained a credit counseling agency briefing on the day of, but prior to the time of, the filing of the petition that commenced the bankruptcy case, did not comply with 11 U.S.C. § 109(h).
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Court
:
In re Denis
Mar
08
2007
Ruling
"Hanging paragraph" did not apply to creditor's unsecured deficiency following repossession and sale of vehicle.
Procedural posture
The creditor received relief from the automatic stay to enforce its security interest against the debtor's car. The car was repossessed and sold, and the debtor sought to disallow the creditor's claim, asserting that the repossession and sale of the car was a full satisfaction of the obligation, pursuant to 11 U.S.C. § 1325(a).
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Court
:
Alberts v. HCA Inc. (In re Greater Southeast Cmty. Hosp. Corp.)
Jan
18
2007
Ruling
Transferee pursuant to asset purchase agreement for subsidiary debtor which provided for setoff of funds was initial transferee from which trustee could recover.
Procedural posture
In a jointly administered chapter 11 proceeding, plaintiff, a liquidating trustee for debtors, brought an adversary action against defendant transferees seeking to recover transfers under the Illinois Uniform Fraudulent Transfer Act, 740 Ill. Comp. Stat. 160/1 et seq., pursuant to 11 U.S.C. § 544. One transferee filed a motion for summary judgment as to all counts against it in the trustee's third amended complaint.
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Court
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Webster v. Management Network Group Inc. (In re NeTel Corp.)
Nov
21
2006
Ruling
Ordinary course of business defense to avoidance was not available where debtor made more payments for larger amounts during preference period.
Procedural posture
Defendants, a consultant and a reseller, filed motions for summary judgment in chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C. §§ 547 and 550, preferential transfers allegedly made by debtor to defendants. Trustee also filed a motion for summary judgment.
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Court
: