Trantham v. Tate
Aug
13
2024
Ruling
Bankruptcy court erred in denying confirmation on the ground that a debtor's proposedvesting provision was contrary to its required form plan as it denied the debtor her right topropose a plan of her own choosing. (4th Cir.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.
ABI Membership is required to access the full summary of Trantham v. Tate Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
Gillis, In re
Aug
13
2024
Ruling
Undisclosed personal injury claims provided no basis for reopening after debtors completedpayments under Chapter 13 plans and received discharges. (Bankr. D. Mass.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.
ABI Membership is required to access the full summary of Gillis, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Pugh, In re
Mar
18
2024
Ruling
No good cause existed to delay vesting of real property in the debtor upon confirmation of aChapter 13 plan. (Bankr. E.D. Mich.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.
ABI Membership is required to access the full summary of Pugh, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hernandez, In re
Jan
17
2020
Ruling
Funds held by Chapter 13 Trustee at the time of post-confirmation dismissal ordered to bedistributed to the debtor. (Bankr. D. Conn.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.
ABI Membership is required to access the full summary of Hernandez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Steenes, In re
Mar
14
2019
Ruling
State was entitled to an order restoring the estates' assets to the debtors' personal ownership.(7th Cir.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.
ABI Membership is required to access the full summary of Steenes, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
Froehlich, In re
Sep
27
2018
Ruling
Court could not create a judicial exception to the estate termination theory for debtors whoconverted their cases from chapter 7 to chapter 13 to preserve non-exempt assets. (Bankr. D. Colo.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.
ABI Membership is required to access the full summary of Froehlich, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Mouraveiko v. Moglia
Feb
17
2015
Ruling
Debtor's attorneys' misrepresentations regarding debtor's elder abuse counterclaim against former business partner, which was property of the estate, were not due to bad faith, and not grounds for sanctions.
Issue(s)
Should bankruptcy court reconsider its denial of sanctions against debtor's attorney for filing meritless elder abuse counterclaim against creditor?
ABI Membership is required to access the full summary of Mouraveiko v. Moglia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Flugence v. Axis Surplus Ins. Co. (In re Flugence)
Nov
22
2013
Ruling
Personal injury claim not disclosed by debtor properly barred as by judicial estoppel but could be pursued by trustee.
Issue(s)
Did bankruptcy court abuse its discretion by holding that debtor was judicially estopped from pursuing personal injury claim due to nondisclosure and could trustee pursue claim on behalf of the estate?
ABI Membership is required to access the full summary of Flugence v. Axis Surplus Ins. Co. (In re Flugence) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Flugence v. Axis Surplus Co. (In re Flugence)
Oct
04
2013
Ruling
Debtor estopped from pursuing undisclosed personal injury claim that accrued postconfirmation but before amended plan was confirmed.
Issue(s)
Could debtor pursue undisclosed personal injury claim that accrued after confirmation of initial plan but before confirmation of modified plan .
ABI Membership is required to access the full summary of Flugence v. Axis Surplus Co. (In re Flugence) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Carouthers
May
27
2011
Ruling
Creditor who had notice of plan and did not object to or appeal confirmation was barred from asserting lien.
Procedural posture
In this Chapter 13 case involving an already confirmed plan, a creditor filed a motion for relief from stay, arguing that it had a lien on a vehicle owned by the debtors that was enforceable.
ABI Membership is required to access the full summary of In re Carouthers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: