- 11 U.S.C.
In re Townsend
Jan
12
2012
Ruling
Debtors who had not resided in current state for requisite period and no longer qualified for exemption in prior state of residence could claim federal exemption.
Procedural posture
Chapter 7 trustee objected to the debtors' assertion they were eligible to claim the federal exemptions provided by 11 U.S.C.S. § 522(d).
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Court
:
- 11 U.S.C.
Riederer v. John Dietrich Ins Inc. (In re Brooke Corp.)
Oct
26
2011
Ruling
Trustee's proceeding to recover agent settlement balance from transferee denied as affiliation agreement had not been terminated.
Procedural posture
Chapter 7 trustee sought to recover from defendants (insurance agencies and/or agents franchisees of debtor) agent statement balances and other similar obligations allegedly owed by the agents to the bankruptcy estates. Two of the defendants moved to dismiss for failure to state a claim pursuant to Fed. R. Bankr. P. 7012(b), which incorporated Fed. R. Civ. P. 12(b)(6).
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Court
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Nazar v. Carmichael (In re Carmichael)
Sep
21
2010
Ruling
Trustee could not sell manufactured home, in which debtor claimed homestead exemption, to realize value of avoided lien.
Procedural posture
Plaintiff trustee sought turnover and sale of a co-tenant's interest, by which the trustee sought to sell debtor's homestead in an effort to recover the value of an unperfected lien in debtor's manufactured home which was previously avoided and preserved for the benefit of the estate. Defendant debtor moved for summary judgment.
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Court
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In re Ortega
Aug
17
2010
Ruling
Conversion to chapter 13 to avoid litigation on creditor's complaint granted in absence of bad faith.
Procedural posture
The chapter 7 debtors filed a motion to convert from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706(a), an unsecured creditor objected based upon the good faith standard of established by the U.S. Supreme Court. The creditor had filed an adversary complaint against one debtor alleging the nondischargeability of liability under 11 U.S.C.S. § 523(a)(6) based on willful and malicious conduct of that debtor.
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Court
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In re Starlite Houseboats Inc.
Mar
23
2010
Ruling
Involuntary case dismissed due to improper service and bona fide dispute as to judgment claim of one petitioning creditor.
Procedural posture
Three creditors of the debtor corporation filed an involuntary chapter 7 petition pursuant to 11 U.S.C.S. § 303. The debtor filed a motion to dismiss for lack of proper service under Kan. Stat. Ann. § 60-204 Fed. R. Civ. P. 4(h), and a motion for dismissal of the petition or abstention.
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Court
:
- 11 U.S.C.
In re Curry
Mar
16
2010
Ruling
Objections to proofs of claim overruled as claims had sufficient detail and documentation.
Procedural posture
A creditor timely filed two general unsecured claims in the amounts of $ 8,699 and $ 20,360 for the unpaid prepetition charges incurred on a debtor's credit card accounts. Before the court were debtors' objections to claim numbers 14 and 15, filed by the creditor.
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Court
:
- 11 U.S.C.
In re Dawes
Feb
10
2010
Ruling
Plan could not be confirmed due to effective date that was two and one-half years before it was filed.
Procedural posture
Debtors filed a third amended chapter 12 plan and sought confirmation. The United States objected because the plan included an effective date that was approximately two and one- half years before the plan was filed.
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Court
:
- 11 U.S.C.
Speth v. Postel (In re Koksal)
Feb
03
2010
Ruling
Supersedeas bond in state court case was property of the estate pending determination by state court.
Procedural posture
The chapter 7 trustee filed an adversary proceeding against defendant, a judgment creditor of the debtor, seeking to recover for the estate a cash supersedeas bond in the amount of $ 125,000 filed in a state court as being property of the estate under 11 U.S.C.S. § 541. The creditor moved for judgment on the pleadings, pursuant to Fed. R. Bankr. P. 7012(b).
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Court
:
- 28 U.S.C.
In re Alternate Fuels Inc.
Jan
14
2010
Ruling
Bankruptcy court could not abstain from hearing state court action that had not been removed.
Procedural posture
A creditor asserted that a bankruptcy debtor was liable for reclamation of the creditor's land upon which the debtor conducted surface coal mining operations. The creditor moved for abstention to allow the creditor's state-court action against the debtor to proceed.
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Court
:
- 11 U.S.C.
In re Lee
Sep
04
2009
Ruling
Debtor not entitled to exemption for federal child tax credit.
Procedural posture
Debtor filed a petition under chapter 7, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion pursuant to 11 U.S.C.S. § 542, seeking an order requiring the debtor to turn over part of the federal and state tax refunds she received for 2008, and objected to exemptions the debtor claimed under 11 U.S.C.S. § 522(d)(10)(A).
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Court
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