Title

Jurisdiction

Decided date

Filing type

11 U.S.C.

Tummel & Carroll v. Quinlivan

Aug

2006

Ruling

Debt for legal services obtained by debtor's agent through false representations was dischargeable.

Procedural posture

On remand from the Fifth Circuit, the court considered whether an individual acted as chapter 7 debtor's agent in negotiating a contract with a judgment creditor and, if so, did the agent's actions amount to conduct that made the debt owed to the creditor by debtor nondischargeable under 11 U.S.C. § 523(a)(2)(A).

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Court :

Eastern District of Louisiana ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on August 09, 2006 , LexisNexis #1006-015

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11 U.S.C.
- § 109
- § 109(h)

In re Westover

Jul

2006

Ruling

Court granted debtor's motion to dismiss case since debtor had not complied with prefiling credit counseling requirement.

Procedural posture

A debtor filed a motion to dismiss or strike her chapter 7 bankruptcy case based upon her failure to obtain credit counseling before the petition date.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on July 11, 2006 , LexisNexis #0806-038

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11 U.S.C.

In re Mayer-Myers

Jun

2006

Ruling

Court denied confirmation since debtors had no right to modify creditor's rights under plan.

Procedural posture

Debtor proposed a chapter 13 bankruptcy plan that sought to modify the claim of creditor, a mortgagee. Creditor objected to the confirmation of the chapter 13 plan, arguing that it violated the anti-modification directive set forth in 11 U.S.C. § 1322(b)(2).

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on June 15, 2006 , LexisNexis #0706-067

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11 U.S.C.
- § 1126
- § 1126(c)

In re Dynamics

Mar

2006

Ruling

Chapter 11 plan was denied confirmation since less than the required two-thirds of claims holders accepted the plan.

Procedural posture

The debtor moved for confirmation of its chapter 11 plan.

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Court :

Eastern District of Louisiana ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on March 30, 2006 , LexisNexis #0406-136

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11 U.S.C.
- § 544
- § 544(a)

Hepner v. Ford Motor Credit Co. (In re Estergaard)

Mar

2006

Ruling

Trustee was allowed to avoid creditor's security interest on debtor's vehicle since the security interest was unperfected at the time of filing.

Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid the creditor's security interest in a vehicle under 11 U.S.C. § 544(a), claiming that the security interest was unperfected at the time of the filing of the petition. The creditor moved for summary judgment and also filed as statement of supplemental authority. The trustee moved to the statement of strike supplemental authority.

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Court :

District of Colorado ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on March 23, 2006 , LexisNexis #0506-054

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11 U.S.C.

In re Build Tech Sys.

Mar

2006

Ruling

Insurer was entitled to priority claim status for its claim for unpaid premiums for health insurance benefits provided to the debtor's employees.

Procedural posture

Insurer filed a claim for unpaid insurance premiums. The insurer alleged that the claim was for health insurance benefits provided to the debtor's employees, and thus was entitled to priority status under 11 U.S.C. § 507(a)(4) as a contribution to an employee benefit plan. The chapter 7 trustee objected on the basis that the asserted claim was not eligible for priority claim status.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on March 21, 2006 , LexisNexis #0406-086

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11 U.S.C.

G & B Aircraft Mgmt. v. Smoot (In re Utah Aircraft Alliance)

Mar

2006

Ruling

Seller of an aircraft to the debtor was denied relief from the automatic stay since the seller only had an unperfected security interest.

Procedural posture

Appellant, the seller of an aircraft to appellee bankruptcy debtor, sought relief from the bankruptcy stay to allow the seller to enforce its property interest in the aircraft based on the seller's retention of title to the aircraft. The seller appealed the order of the Bankruptcy Court for the District of Utah which denied the seller's motion for relief from the stay or for adequate protection.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on March 20, 2006 , LexisNexis #0406-012

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FRBP
- Rule 9019

In re Babcock & Wilcox Co.

Feb

2006

Ruling

Court approved settlement with insurance company since it was negotiated in good faith, was in the best interests of the debtors'estates, and met the requirements of Rule 9019.

Procedural posture

Before the court for findings of fact and conclusions of law in a chapter 11 matter was a joint motion of debtors and two other entities to enter into settlement with an insurance company.

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Court :

Eastern District of Louisiana ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on February 09, 2006 , LexisNexis #0506-069

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11 U.S.C.
- § 524

In re Feldmeier

Nov

2005

Ruling

Bank's law firm was found to be in contempt for violating a discharge injuction.

Procedural posture

Movant debtors filed a motion to show cause why respondent bank and its law firm should not be held in contempt of court based on their alleged violation of the discharge injunction provided by 11 U.S.C. § 524.

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Court :

District of Oregon ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on November 17, 2005 , LexisNexis #0306-055

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