- 11 U.S.C.
Forest Capital, LLC, In re--Forest Capital, LLC v. Fischer Porter & Thomas, P.C.
Dec
15
2017
Ruling
Plaintiff's motion for partial summary judgment granted to extent it sought avoidance ofpostpetition transfer as defendant received postpetition transfer in violation of § 549. (Bankr.D. Md.)
Issue(s)
Postpetition Transactions.
ABI Membership is required to access the full summary of Forest Capital, LLC, In re--Forest Capital, LLC v. Fischer Porter & Thomas, P.C. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Licking River Mining, LLC, In re--Spradlin v. Monday Coal, LLC
Apr
13
2017
Ruling
Trustee's claims dismissed for failure to allege a plausible claim to avoid and recoverpostpetition transfers from defendant. (Bankr. E.D. Ky.)
Issue(s)
Postpetition Transactions.
ABI Membership is required to access the full summary of Licking River Mining, LLC, In re--Spradlin v. Monday Coal, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Beinhauer, In re
Apr
13
2017
Ruling
Trustee was entitled to reimbursement for costs and fees associated with prosecution of hismotion because the costs could be traced to debtor's attorney's failure to fulfull hisresponsibilities. (Bankr. E.D.N.Y.)
Issue(s)
Postpetition Transactions.
ABI Membership is required to access the full summary of Beinhauer, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Picacho Hills Util. Co., In re--Coll v. Picacho Hills Dev. Co.
Mar
21
2017
Ruling
Court approval was not required before completing conveyance contemplated under a side agreement. (Bankr. D.N.M.)
Issue(s)
Postpetition Transactions.
ABI Membership is required to access the full summary of Picacho Hills Util. Co., In re--Coll v. Picacho Hills Dev. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McKeever, In re--Scarver v. Ellis
Feb
14
2017
Ruling
Post-petition liens made without trustee's consent or authorization by the court deemedavoidable. (Bankr. N.D. Ga.)
Issue(s)
Postpetition Transactions.
ABI Membership is required to access the full summary of McKeever, In re--Scarver v. Ellis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ganter v. Montano (In re Heritage Pac. Fin., LLC)
Jul
06
2016
Ruling
Assignment of settlement agreements by debtor was not voidable by trustee where debtor’slegal title was subject to transferee's equitable interest. (Bankr. E.D. Tex.)
Issue(s)
Postpetition Transactions.
ABI Membership is required to access the full summary of Ganter v. Montano (In re Heritage Pac. Fin., LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jones v. Brand (In re Belmonte)
Jun
28
2016
Ruling
Motion for judgment on pleadings in avoidance proceeding denied.
Issue(s)
Should jury demand be stricken and summary judgment be granted in avoidance proceeding?
ABI Membership is required to access the full summary of Jones v. Brand (In re Belmonte) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fort v. Cilwa (In re Cilwa)
Apr
15
2016
Ruling
Debtor's postpetition sale of property owned by trust he controlled without bankruptcy court permission was avoidable.
Issue(s)
Could trustee avoid debtor's postpetition sale of property owned by trust debtor controlled?
ABI Membership is required to access the full summary of Fort v. Cilwa (In re Cilwa) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Spradlin v. Khouri (In re Bruner)
Mar
07
2016
Ruling
Trustee's avoidance proceeding barred by res judicata.
Issue(s)
Whether the trustee is barred by res judicata from seeking to avoid a postpetition transfer that was previously held not to be subject to turnover such that the case should be dismissed for failure to state a claim upon which relief may be granted?
ABI Membership is required to access the full summary of Spradlin v. Khouri (In re Bruner) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Gugino v. Turner (In re Clark)
Sep
18
2015
Ruling
Trustee's proceeding to avoid sale of tractor by chapter 12 debtor completed prior to conversion to chapter 7 was time barred.
Issue(s)
Could trustee avoid transfer of chapter 12 debtor's tractor completed prior to conversion of the case to chapter 7?
ABI Membership is required to access the full summary of Gugino v. Turner (In re Clark) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: