Sep
26
2018
Palmiter, In re--Gallo v. Palmiter
Ruling:
Court granted motion to dismiss complaint where creditor failed to state a plausible claim for nondischargeability as the complaint did not plead any of the four required elements for the existence of an express trust. (Bankr. M.D. Pa.)
ABI Membership is required to access the full summary of Palmiter, In re--Gallo v. Palmiter. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-041
Sep
26
2018
Santillan, In re
Ruling:
Overpayment credited to balance owed under modified chapter 13 plan where the modification was retroactively effective as of the date it was filed. (Bankr. S.D. Tex.)
ABI Membership is required to access the full summary of Santillan, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-057
Sep
26
2018
Clothier, In re--Clothier v. IRS
Ruling:
Motion to alter judgment was granted as the bankruptcy court failed to consider the "hangingparagraph" in 11 U.S.C. § 507(a)(8) which stated that the period shall be suspended for anytime during which the stay of proceedings was in effect in a prior case under title 11 plus 90days. (Bankr. W.D. Tenn.)
ABI Membership is required to access the full summary of Clothier, In re--Clothier v. IRS. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-010
Sep
26
2018
Suh, In re
Ruling:
Debtor's motion to disallow claim denied where the city held a pre-petition claim and debtor'sequitable grounds were without merit as there was no stay violation and no basis for estoppel.(Bankr. D.N.J.)
ABI Membership is required to access the full summary of Suh, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-027
Sep
26
2018
Sevastakis, In re--Coluccio v. Sevastakis
Ruling:
Debt was nondischargeable where debtor knowingly misrepresented his qualifications andobligations under the contract with the intent to deceive the township and plaintiffs. (Bankr.D.N.J.)
ABI Membership is required to access the full summary of Sevastakis, In re--Coluccio v. Sevastakis. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-013
Sep
26
2018
Migell, In re
Ruling:
Attorney representing debtor's mother violated the automatic stay by failing to withdraw his pleadings seeking to seize or place a lien on the debtor's homestead. (Bankr. M.D. Fla.)
ABI Membership is required to access the full summary of Migell, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-031
Sep
26
2018
Brizinova, In re--Geltzer v. Brizinova
Ruling:
Trustee was not entitled to seek turnover of post-petition sale proceeds as debtor's ownership of online corporation's shares did not give debtor legal title to, or an ownership interest in, its assets. (Bankr. E.D.N.Y.)
ABI Membership is required to access the full summary of Brizinova, In re--Geltzer v. Brizinova. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-048
Sep
26
2018
A & B Assocs., L.P., In re
Ruling:
Court held that debtor was a limited partnership under the laws of Georgia and that it waseligible to seek reorganization in the chapter 11 bankruptcy case as they elected to continuethe limited partnership notwithstanding any dissolution. (Bankr. S.D. Ga.)
ABI Membership is required to access the full summary of A & B Assocs., L.P., In re. 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 September 26,2018, LexisNexis #1118-003
Sep
25
2018
Hansen, In re
Ruling:
Confirmation of debtors' chapter 13 plan was granted as debtor did not impermissibly modify his secured claim because the lien was not a security interest but rather a nonconsensual statutory mechanic's lien. (Bankr. N.D. Iowa)
ABI Membership is required to access the full summary of Hansen, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-056
Sep
25
2018
Metz, In re--Metz v. Navient Educ. Loan Corp.
Ruling:
Court granted partial relief where debtor met all prongs of the Brunner test and she would suffer undue hardship if she was required to pay interest she owed on her student loans. (Bankr. D. Kan.)
ABI Membership is required to access the full summary of Metz, In re--Metz v. Navient Educ. Loan Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-046
Sep
25
2018
Wood, In re
Ruling:
Automatic stay was terminated as to debtor and debtor's property as he had filed an earlier chapter 13 case that was dismissed less than one year before his current case. (Bankr. D. Md.)
ABI Membership is required to access the full summary of Wood, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-034
Sep
24
2018
Motors Liquidation Co., In re
Ruling:
Settlement agreement could not be approved as it proposed to permit payment of late-filed claims on behalf of over 11 million claimants who suffered economic loss due to defects in vehicles the debtor manufactured without certifying those claimants as class claimants. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Motors Liquidation Co., In re. 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 September 24,2018, LexisNexis #1118-060
Sep
24
2018
Goodrich, In re
Ruling:
Automatic stay extended beyond 30 days from the date debtor filed his petition as he demonstrated that he filed his second case in good faith with clear and convincing evidence. (Bankr. D. Vt.)
ABI Membership is required to access the full summary of Goodrich, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 24,2018, LexisNexis #1118-033
Sep
21
2018
Copsync, Inc., In re
Ruling:
Amended plan of liquidation was confirmable as it satisfied the applicable provisions of the bankruptcy code. (Bankr. E.D. La.)
ABI Membership is required to access the full summary of Copsync, Inc., In re. 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 September 21,2018, LexisNexis #1118-055
Sep
21
2018
Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK
Ruling:
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
ABI Membership is required to access the full summary of Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK. 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 September 21,2018, LexisNexis #1118-040