- 11 U.S.C.
In re Miller
Jan
18
2011
Ruling
Involuntary case dismissed where only one of four petitioning creditors held a debt that was not subject to bona fide dispute.
Procedural posture
An alleged debtor sought dismissal of an involuntary petition filed against him pursuant to 11 U.S.C.S. § 303.
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Court
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- 11 U.S.C.
Malloy v. Morrison (In re Morrison)
Nov
16
2010
Ruling
Trust was not a valid spendthrift trust and was property of the estate where debtor beneficiary could obtain funds on demand.
Procedural posture
Chapter 7 trustee filed this adversary proceeding against defendant debtors claiming trust funds in a certain trust ("the Trust") as property of the estate. Debtors answered, claiming that the spendthrift provisions contained in the Trust removed the trust funds from the bankruptcy estate, thus placing them outside of the trustee's grasp.
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Court
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- 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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Williams v. Meyer (In re Williams)
Nov
09
2010
Ruling
Prepetition criminal restitution claim was automatically excepted from discharge.
Procedural posture
Pro se appellant bankruptcy debtor brought an adversary proceeding against appellee creditors alleging that the creditors violated the discharge injunction of 11 U.S.C.S. § 524(a) by causing a criminal prosecution of the debtor to collect a discharged debt through restitution. The debtor appealed the order of the Bankruptcy Court for the District of Colorado which dismissed the complaint for failure to state a claim.
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Court
:
Judge or Jurisdiction information not available
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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:
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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Morris v. Kasparek (In re Kasparek)
Apr
05
2010
Ruling
Bankruptcy court erred in denying sale of debtor's interest in jointly owned property absent express or implied trust.
Procedural posture
A bankruptcy debtor's father purchased real property which was farmed by a sharecropper, and the father titled the property in the names of appellees, the father, the debtor, and the debtor's brother, as joint tenants for estate planning purposes. Appellant bankruptcy trustee appealed the order of the U.S. Bankruptcy Court for the District of Kansas which denied the trustee's complaint to sell the jointly owned property.
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Court
:
Judge or Jurisdiction information not available
- 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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Torrington Livestock Cattle Co. v. Berg (In re Berg)
Feb
16
2010
Ruling
Denial of discharge in chapter 11 case reversed due to failure of bankruptcy court to make all necessary findings.
Procedural posture
Plaintiff cattle company filed an adversary proceeding against defendant chapter 11 debtor, seeking a determination, inter alia, that the debtor was not entitled under 11 U.S.C.S. § 1141(d) and 11 U.S.C.S. § 727(a)(2)-(5) and (7) to an order discharging his debts. The bankruptcy court for the District of Wyoming denied the debtor's discharge under 11 U.S.C.S. § 727(a)(3), the debtor appealed.
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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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