- 11 U.S.C.
Cutro v. Leto (In re Leto)
Nov
15
2007
Ruling
Discharge denied due to debtor's transfer of interest in four properties within one year of filing.
Procedural posture
Plaintiff judgment creditor filed a complaint against defendant chapter 7 debtor, objecting to the debtor receiving a discharge under 11 U.S.C. § 727(a)(2)(A) and (a)(5) and objecting to discharge of the judgment debt pursuant to 11 U.S.C. § 523(a)(2).
ABI Membership is required to access the full summary of Cutro v. Leto (In re Leto) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re DH4 Inc.
Nov
02
2007
Ruling
Debtor was not liable for default by assignee under bankruptcy court approved lease assignment.
Procedural posture
A bankruptcy debtor in possession of leased premises in a shopping center assigned the lease to an assignee with the approval of the bankruptcy court and over the objection of the landlord. The assignee subsequently defaulted under the lease, and the debtor objected to the landlord's claim for unpaid rent and other costs.
ABI Membership is required to access the full summary of In re DH4 Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Dzikowski v. Kirshner (In re Kirshner)
Oct
30
2007
Ruling
Case dismissed due to debtor's failure to preserve information from which financial situation could be ascertained or explain deficiency of assets.
Procedural posture
Chapter 7 trustee filed a complaint against the debtor, objecting to the discharge of the debtor pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(5), and objecting to the debtor's claim of exempt property.
ABI Membership is required to access the full summary of Dzikowski v. Kirshner (In re Kirshner) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Citicorp Leasing Inc. v. DeMeo (In re DeMeo)
Oct
15
2007
Ruling
State court judgment based on debtor's willful and malicious exercise of dominion and control over creditor's collateral was nondischargeable.
Procedural posture
Plaintiff, a judgment creditor of the debtor, brought a claim asserting that the judgment debt was nondischargeable under 11 U.S.C. § 523(a)(6). The issue before the court is whether collateral estoppel applied to establish that the debt, based on a default judgment, was nondischargeable as a willful and malicious injury.
ABI Membership is required to access the full summary of Citicorp Leasing Inc. v. DeMeo (In re DeMeo) 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 Barons Stores Inc.
Apr
12
2007
Ruling
Affidavits of disinterestedness given by special counsel were filed in error and did not amount to fraud on the court.
Procedural posture
Movants, a chapter 11 debtor and the debtor's officers and sole shareholders, filed a motion to reopen the debtor's bankruptcy case, claiming that certain attorneys perpetrated a fraud upon the court in connection with their applications to be retained as general or special counsel.
ABI Membership is required to access the full summary of In re Barons Stores Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re ITG Vegas Inc.
Apr
03
2007
Ruling
Lobbying firm could be retained as political consultant to debtor.
Procedural posture
After the debtors petitioned for bankruptcy relief, the debtors filed an application seeking authority to employ a lobbying firm, pursuant to 11 U.S.C. § 327, as a political consultant to the debtors. The limited liability company objected to the application. The debtors thereafter amended their application, modifying their basis for relief to reflect approval pursuant to 11 U.S.C. § 363(b) as a use of cash.
ABI Membership is required to access the full summary of In re ITG Vegas Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Bakst v. Sawran (In re Sawran)
Jan
10
2007
Ruling
Recovery of preferential payments from subsequent transferors allowed solely to the extent of postpetition payments to debtor.
Procedural posture
The debtor filed for relief under chapter 7. The trustee was granted a judgment on the pleadings for a preferential transfer that the debtor made to the father. The trustee filed a subsequent action to recapture money that the father had transferred to defendants, a son and daughter-in-law, and a daughter, as subsequent transferees under 11 U.S.C. § 550(a). The court issued findings and conclusions.
ABI Membership is required to access the full summary of Bakst v. Sawran (In re Sawran) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wood v. United States (In re Wood)
Mar
02
2006
Ruling
IRS's postpetition efforts to collect prepetition debts did not violate discharge injunction since the income tax deficiencies were exempted from discharge.
Procedural posture
Plaintiff debtor sought relief against defendant IRS for the IRS's postpetition efforts to collect debtor's prepetition tax deficiencies, asserting that the IRS violated the court's order confirming debtor's plan and the automatic stay, and filed an alleged false proof of claim. Debtor sought actual and punitive damages, and sanctions against the IRS, which moved to dismiss the complaint.
ABI Membership is required to access the full summary of Wood v. United States (In re Wood) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wood v. United States (In re Wood)
Mar
02
2006
Ruling
IRS's postpetition efforts to collect prepetition debts did not violate automatic stay since the stay was lifted when the debtor received a discharge and the income tax deficiencies were exempted from discharge.
Procedural posture
Plaintiff debtor sought relief against defendant IRS for the IRS's postpetition efforts to collect debtor's prepetition tax deficiencies, asserting that the IRS violated the court's order confirming debtor's plan and the automatic stay, and filed an alleged false proof of claim. Debtor sought actual and punitive damages, and sanctions against the IRS, which moved to dismiss the complaint.
ABI Membership is required to access the full summary of Wood v. United States (In re Wood) 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 Main Line Corp.
Feb
01
2006
Ruling
Commission payments for consulting services were not entitled to treatment as an administrative expense under section 503(b)(1)(A).
Procedural posture
After debtor filed a voluntary chapter 11 bankruptcy petition, movant individual filed a motion for allowance and payment of an administrative claim. The individual claimed that the debtor received payments post-petition from customers secured through the individual's consulting services. The debtor moved for summary judgment.
ABI Membership is required to access the full summary of In re Main Line Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: