- 11 U.S.C.
In re Vinger
Sep
30
2015
Ruling
Debtor not entitled to marital adjustment that would allow change from above to below median status.
Issue(s)
Whether above-median debtor was entitled to a marital adjustment that would allow a change to below-median status?
ABI Membership is required to access the full summary of In re Vinger Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Burgher
Sep
30
2015
Ruling
Converted chapter 7 case could be dismissed for abuse.
Issue(s)
Should debtors' chapter 7 case be dismissed for abuse?
ABI Membership is required to access the full summary of In re Burgher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Walters v. Farmers Korner Inc. (In re Smith)
Jul
31
2015
Ruling
Transfers of motor vehicles to creditor insider were avoidable.
Issue(s)
Could trustee avoid certain transfers of motor vehicles and trailers made by debtor between ninety days and one year before the petition date?
ABI Membership is required to access the full summary of Walters v. Farmers Korner Inc. (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
In re Ottman
Jun
26
2015
Ruling
Appropriate admonishment of debtors' counsel was not grounds for recusal of bankruptcy judge.
Issue(s)
Was bankruptcy judge's criticism of debtors' counsel grounds for recusal?
ABI Membership is required to access the full summary of In re Ottman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Briones-Coroy
Jul
23
2014
Ruling
Settlement of judgment in favor of former clients of bankruptcy petition preparer for misconduct not approved as insufficient.
Issue(s)
Could settlement of claims of 240 debtor victims of misconduct of bankruptcy petition preparer be approved?
ABI Membership is required to access the full summary of In re Briones-Coroy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sender v. Cygan (In re Rivera)
Jun
13
2014
Ruling
Trustee could not avoid deed of trust based on state law enacted after petition date.
Issue(s)
Did state law enacted after the petition date provide grounds for avoidance of a deed of trust?
ABI Membership is required to access the full summary of Sender v. Cygan (In re Rivera) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Furuiye
Apr
07
2014
Ruling
Conversion rather than dismissal ordered due to failure to make chapter 13 plan payments to bank.
Issue(s)
Whether debtors who fail to make direct payments to a creditor pursuant to the terms of a confirmed plan may obtain a discharge and whether that failure constitutes a material breach of the plan such that dismissal or conversion of debtors' case would be proper?
ABI Membership is required to access the full summary of In re Furuiye Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Enigami Sys. v. Baca (In re Baca)
Feb
28
2014
Ruling
Nondischargeability under §1328(a)(4) was limited to natural, living individuals.
Issue(s)
Could corporate creditor claim nondischargeability of its claim for restitution or damages awarded in a civil action as a result of willful or malicious injury by the debtor pursuant to 11 U.S.C. § 1328(a)(4)?
ABI Membership is required to access the full summary of Enigami Sys. v. Baca (In re Baca) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Gazzo v. Ruff (In re Gazzo)
Jan
03
2014
Ruling
Debtor's former spouse and her attorney violated stay by pursuing contempt order for failure to make spousal support payments.
Issue(s)
Did debtor's spouse and spouse's attorney violate the automatic stay by knowingly continuing on with domestic court actions against the debtor and by obtaining an order and assessment of costs after the petition date?
ABI Membership is required to access the full summary of Gazzo v. Ruff (In re Gazzo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
VMI Liquidating Trust Dated December 16 2011 v. United States (In re Valley Mortg.)
Sep
18
2013
Ruling
Fraudulent transfer claim brought under §548 more than two years after petition date was time barred but claim under §544 was valid where state statute of limitations had not yet run.
Issue(s)
Were trustee's fraudulent transfer claims under §548 and under state law pursuant to §544 time barred .
ABI Membership is required to access the full summary of VMI Liquidating Trust Dated December 16 2011 v. United States (In re Valley Mortg.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: