In re J.C. Householder Land Trust 1
Oct
23
2013
Ruling
Plan of business trust confirmed over objection of creditor to treatment of claim.
Issue(s)
Could plan be confirmed given creditor's objections based on feasibility, failure to pay present value of claim, best interests of creditors and bankruptcy court's lack of jurisdiction to bar claims of non- debtor guarantors.
ABI Membership is required to access the full summary of In re J.C. Householder Land Trust 1 Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Engler
Sep
30
2013
Ruling
Creditor's administrative expense claim for attorneys' fees limited to period through date of order for relief.
Issue(s)
Were creditors are entitled to an administrative expense claim for the pre-petition fees they incurred investigating debtors' Ponzi scheme, as well as the post-petition fees incurred recovering property for the benefit of the estate.
ABI Membership is required to access the full summary of In re Engler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re England
Sep
27
2013
Ruling
Case dismissed due to debtor's failure to complete required credit counseling.
Issue(s)
Whether the court should dismiss a debtor's chapter 13 bankruptcy petition because the debtor did not receive credit counseling within 180 days before she filed her petition and the court had already denied her motion to extend the time for completing credit counseling.
ABI Membership is required to access the full summary of In re England Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re McKinnon
Aug
27
2013
Ruling
Debtor could not claim exemption for car voluntarily transferred prior to petition date where transfer was potentially avoidable.
Issue(s)
Could debtor claim exemption in vehicle that was subject of prepetition transfer that trustee sought to avoid as preferential or fraudulent?
ABI Membership is required to access the full summary of In re McKinnon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Jones
Jul
30
2013
Ruling
Trustee lacked standing to object to reasonableness of attorneys' fees in proposed settlement of debtor's state law cause of action.
ABI Membership is required to access the full summary of In re Jones Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tardif v. St. John the Evangelist Church (In re Engler)
Jul
17
2013
Ruling
Trustee could not recover allegedly fraudulent charitable donation from church that was conduit and not an initial transferee.
Procedural posture
Trustee filed an adversary proceeding to avoid the debtor's transfer to church under 11 U.S.C.S. § 548 and to recover the value of the transfer from the church under 11 U.S.C.S. § 550(a)(1). The parties filed cross-motions for summary judgment.
ABI Membership is required to access the full summary of Tardif v. St. John the Evangelist Church (In re Engler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Fundamental Long Term Care Inc.
Jun
21
2013
Ruling
Settlement between trustee and debtor's former in-house counsel approved as in best interests of the estate.
Procedural posture
The chapter 7 trustee and the former in-house counsel for the debtor filed a joint motion seeking approval of a proposed compromise. The debtor and others objected.
ABI Membership is required to access the full summary of In re Fundamental Long Term Care Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
XOpen Co. Ltd. v. Gray (In re Gray)
Jun
10
2013
Ruling
Nondischargeability proceeding filed on Monday dismissed as untimely where deadline had been extended to fixed date of preceding Sunday.
Procedural posture
Plaintiff creditor filed a dischargeability action against defendant debtor, who filed a motion to dismiss the complaint as untimely.
ABI Membership is required to access the full summary of XOpen Co. Ltd. v. Gray (In re Gray) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Checiek
Jun
10
2013
Ruling
Debtors could not pierce corporate veil to claim vehicle titled to one debtor's 100 percent owned corporation as exempt.
Procedural posture
A chapter 7 trustee objected to the debtors' claim of exemption in a truck as a tool of the trade pursuant to 11 U.S.C.S. § 522(d)(6). The trustee conceded that the truck was a tool of the trade but alleged that the debtors could not claim it as exempt because it was titled in the debtor husband's 100 percent owned corporation. The trustee sought turnover of the truck and of the debtor's interest in the corporation.
ABI Membership is required to access the full summary of In re Checiek Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re England
Jun
10
2013
Ruling
Extension of time to obtain required credit counseling in debtor's fifth case denied.
Procedural posture
A chapter 13 debtor filed a motion for an extension of time to receive credit counseling after she filed her petition pursuant to 11 U.S.C.S. § 109(h)(3)(A).
ABI Membership is required to access the full summary of In re England Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: