- 11 U.S.C.
Swinson v. Fritz (In re Lytle)
Nov
12
2010
Ruling
Trustee could not set aside transfer of real estate where the transferee held only bare legal title subject to a resulting trust.
Procedural posture
Plaintiff trustee sought to set aside a deed conveying the debtors' interest in real estate to defendants as either a preference under 11 U.S.C.S. § 547 or a constructively fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B).
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Court
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Zeman v. Liehr (In re Liehr)
Nov
04
2010
Ruling
Confirmation reversed and remanded due to projected disposable income deduction of payments on mortgage intended for surrender.
Procedural posture
Appellants, the Standing Chapter 13 trustee and a creditor, challenged a decision of the Bankruptcy Court for the District of Colorado, which confirmed appellee debtors' chapter 13 plan.
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Court
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Judge or Jurisdiction information not available
In re Pardee
Jun
02
2010
Ruling
Debtor could not claim exemption in retirement funds of which spouse was equitable owner.
Procedural posture
A bankruptcy debtor received funds derived from her husband's retirement account upon his death, which the debtor placed in her retirement account, and a former spouse of the husband obtained a state-court order enforcing a divorce decree which awarded the spouse half of the husband's retirement benefits. The debtor moved to avoid the spouse's lien on the debtor's account, and the spouse objected to the debtor's exemption of the account.
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Court
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- 11 U.S.C.
Bryner v. Lebaron (In re Bryner)
Mar
15
2010
Ruling
Bankruptcy court properly held that defendant in debtor's state court action did not violate stay by defending against debtor's garnishment attempts.
Procedural posture
Debtor appealed from an order of the bankruptcy court for the District of Utah, that dismissed the debtor's adversary complaint against defendants, who were also defendants in a state court action brought by the debtor, claiming the defendants' actions taken in the state court litigation violated the automatic stay provisions of 11 U.S.C. § 362. The bankruptcy court found the defendants' acts were not violations.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Miller v. Dow (In re Lexington Oil & Gas Ltd. Co.)
Jan
27
2010
Ruling
Payments by investors to debtor recharacterized as equity and repayments of investments avoided as fraudulent transfers.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant investors, seeking a judgment recharacterizing payments the investors made to a corporation as equity, and a judgment avoiding the repayment of those sums under 11 U.S.C.S. § 554 as a fraudulent transfer under the Oklahoma Uniform Fraudulent Transfer Act, Okla. Stat. Ann. tit. 24, §§ 112-123. The trustee settled his claims against one of three investors he sued.
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Court
:
- FRBP
Bank of the Prairie v. Picht (In re Picht)
Apr
14
2009
Ruling
Bankruptcy courts are required to explain legal and factual bases for plan confirmation.
Procedural posture
Appellant bank appealed from the Bankruptcy Court for the District of Kansas, which confirmed appellee debtors' plan over the bank's objection. On appeal, the appeal court answered a question raised by neither of the parties: may a bankruptcy court issue a ruling without explanation, and inform the parties that it will explain the legal and factual basis for its decision if, and only if, one of the parties appeals that decision?
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Court
:
Judge or Jurisdiction information not available
In re Reed
Apr
01
2009
Ruling
Reaffirmation of real estate loan with substantial balloon payment would impose undue hardship on debtor.
Procedural posture
The debtors sought approval of a reaffirmation agreement under which they wanted to reaffirm both an automobile loan and a real estate loan. The real estate loan had a substantial balloon payment.
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Court
:
- 11 U.S.C.
Ennis v. Green Tree Servicing LLC (In re Ennis)
Feb
25
2009
Ruling
Claim secured by mobile home which was personal property rather than real property under state law was not protected from modification.
Procedural posture
Appellant debtors sought review of an order of the Bankruptcy Court for the Western District of Virginia sustaining appellee creditor's objection to the debtors' chapter 13 plan. The bankruptcy court held that the creditor's claim, which was secured by a lien on the debtors' mobile home, was protected under 11 U.S.C.S. § 1322(b)(2) from modification because the mobile home was real property that was the debtors' principal residence.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Minardi
Jan
23
2009
Ruling
Reaffirmation agreement could not be approved absent counsel's required declaration regardless of liability concerns.
Procedural posture
The debtor moved for approval of a reaffirmation agreement. Debtor's counsel, however, refused to provide the declaration required by 11 U.S.C.S. § 524(c)(3).
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Court
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In re Cleveland
Sep
30
2008
Ruling
Purchaser and servicer of unsecured bankruptcy receivables sufficiently established ownership of claims objected to by debtors.
Procedural posture
Claimants were engaged in the business of purchasing and servicing unsecured bankruptcy receivables through blanket assignments, and the claimants filed proofs of claim in debtors' bankruptcies. The debtors objected to the proofs of claim on the grounds that the claimants did not establish legal ownership of the debts and that the claims were unenforceable under state law.
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Court
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