Jun
10
2005
In re Reed
Chapter 7 trustee objected to the debtor's claim of exemption involving the debtor's asserted homestead exemption in realty in which the debtor did not live.
Ruling:
Trustee's objection to homestead exemption applied to realty in which debtor did not reside was overruled since debtor's former spouse who resided there qualified as a dependent at the time of filing.
ABI Membership is required to access the full summary of In re Reed. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jun
09
2005
Purviance v. Region 1 Self Reliance Program (In re Purviance)
Plaintiff debtor filed a complaint against defendant, an agency of the state of Idaho charged with collecting unpaid child support, seeking an order declaring debts, which arose out of a Canadian child support order in favor of her former husband, dischargeable. The state filed a motion for summary judgment contending that the debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(5), and the debtor filed a cross motion for summary judgment.
Ruling:
Court granted motion of state agency collector of unpaid child support establishing Canadian child support order as enforceable debt but ruled that material fact remained on whether it was deemed support under the Code.
ABI Membership is required to access the full summary of Purviance v. Region 1 Self Reliance Program (In re Purviance). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jun
08
2005
In re Moroney
Primary creditor, the IRS, objected to the confirmation of the debtor's chapter 13 plan for lack of good faith and for not devoting all of debtor's disposable income into the performance of the plan. The U.S. trustee moved to dismiss the case based on 11 U.S.C. §§ 1307 and 1325.
Ruling:
Chapter 13 petition was dismissed due to debtor bad faith in proposing modest payout in plan since the tax debt was recently not discharged under chapter 7 and the debtor showed no evidence of financial troubles or efforts to pay the tax debt.
ABI Membership is required to access the full summary of In re Moroney. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jun
03
2005
Fanaras v. Carpenter (In re Fanaras)
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor pursuant to 11 U.S.C. § 727(d), seeking to revoke the discharge entered in favor of the debtor. The trustee moved for summary judgment as to all counts in the complaint. The debtor cross moved for summary judgment, seeking to dismiss all counts on the basis that they were time barred.
Ruling:
Debtor was granted partial summary judgment since the one-year statute of limitations for requesting revocation of discharge is not subject to equitable tolling.
ABI Membership is required to access the full summary of Fanaras v. Carpenter (In re Fanaras). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jun
01
2005
In re Freeman
The debtors filed a petition for relief under chapter 7 of the Code. The debtors filed a motion for an order directing the turnover of monies held by a creditor. The creditor filed an objection to the motion. The court treated the matter as an action for a violation of the automatic stay under 11 U.S.C. § 362, pursuant to the court's authority under 11 U.S.C. § 105(a), together with Fed. R. Bankr. P. 7015 and 9014.
Ruling:
Creditor did not violate automatic stay when the debtors made postpetition payments on a collateralized debt that was to be reaffirmed but had not yet been reaffirmed.
ABI Membership is required to access the full summary of In re Freeman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
May
23
2005
Lucas v. Lyle (In re Lyle)
Plaintiff creditors, owners of a residence, brought an adversary proceeding against defendant bankruptcy debtor, a contractor, alleging that a debt to the owners for the contractor's defective work was nondischargeable under 11 U.S.C. § 523(a)(2)(A) based on the contractor's misrepresentation that the contractor was licensed. The bankruptcy court reconsidered the owners'claim upon remand from the district court.
Ruling:
Debt for unlicensed contractor debtor's damage to a residence from defective work was deemed dischargeable since the debtor did not misrepresent that the debtor was unlicensed.
ABI Membership is required to access the full summary of Lucas v. Lyle (In re Lyle). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Jan
01
2001
Picard v. Avellino (In re Bernard L. Madoff Inv. Sec. LLC)
Ruling:
Claims against Madoff accountant with actual knowledge the firm was not trading securitieswere not barred by safe harbor and could proceed. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Picard v. Avellino (In re Bernard L. Madoff Inv. Sec. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 01,2001, LexisNexis #0816-078