Skip to main content

Page Banner(Taxonomy)

judge diehl

Burr v. United States (In re Burr)

Apr
10
2007
Ruling
IRS tax lien was not avoidable as preference or otherwise.
Procedural posture

Defendant IRS filed a Fed. R. Civ. P. 56 motion for summary judgment on plaintiff debtor's adversary proceeding, which sought to avoid the tax lien of the IRS on the debtor's property as a preference pursuant to 11 U.S.C. § 547.

ABI Membership is required to access the full summary of Burr v. United States (In re Burr) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 10, 2007 , LexisNexis #0707-045
LexisNexis Article
Learn More

In re Slocum

Dec
12
2006
Ruling
Creditor's post-confirmation objection to debtor's surrender of vehicle in full satisfaction of secured claim sustained.
Procedural posture

Each of the debtors'confirmed chapter 13 plans proposed to surrender a vehicle to a secured creditor in full satisfaction of the debt secured by the vehicle. The secured creditors objected.

ABI Membership is required to access the full summary of In re Slocum Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 12, 2006 , LexisNexis #0307-082
LexisNexis Article
Learn More

In re Holliday

Aug
31
2006
Ruling
Unscheduled judgment claim against third party was not abandoned upon closing of no asset case.
Procedural posture

After debtor's chapter 7 bankruptcy proceeding was closed on a "no asset" determination, the trustee filed a motion for a redetermination of the estate's assets based on debtor's ownership of judgments against a third party (maker) that arose from a prepetition cause of action. At issue was whether the claim against the maker had been abandoned by operation of law under 11 U.S.C. § 554(c).

ABI Membership is required to access the full summary of In re Holliday Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 31, 2006 , LexisNexis #1206-031
LexisNexis Article
Learn More

Roche v. Pep Boys Inc. (In re Roche)

Dec
29
2005
Ruling
Judgment creditor and its attorney willfully violated the automatic stay by failing to dismiss a prepetition bank garnishment and seek adequate protection within a reasonable time.
Procedural posture

Plaintiff debtor, in count one, sought an emergency turnover of property and release of a garnishment. Claim two sought damages for willful violation of the automatic stay due to the fact that defendants, a judgment creditor and its attorney, failed to immediately release the garnishment upon learning about the filing of the bankruptcy petition. Cross-motions for summary judgment were pending.

ABI Membership is required to access the full summary of Roche v. Pep Boys Inc. (In re Roche) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 29, 2005 , LexisNexis #0306-012
LexisNexis Article
Learn More

Ogier v. Trautman (In re Express Factors)

Sep
30
2005
Ruling
Only one of three loan payments were made in the ordinary course of business and thus two of the payments were deemed avoidable preferential transfers.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, a lender, alleging that loan repayments made by the debtor to the lender were avoidable as preferential transfers. The trustee and the lender cross moved for summary judgment with regard to the lender's defense that the transfers were made in the ordinary course of business under 11 U.S.C. § 547(c)(2).

ABI Membership is required to access the full summary of Ogier v. Trautman (In re Express Factors) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 30, 2005 , LexisNexis #0106-058
LexisNexis Article
Learn More

Cadle Co. v. Taras (In re Taras)

Aug
19
2005
Ruling
Debtor was denied discharge due to debtor's material omission from debtor's schedules of an interest as a trust beneficiary.
Procedural posture

Plaintiff creditor filed a complaint objecting to the discharge of defendant debtor pursuant to 11 U.S.C. § 727(a)(2) and (4).

ABI Membership is required to access the full summary of Cadle Co. v. Taras (In re Taras) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 19, 2005 , LexisNexis #0106-100
LexisNexis Article
Learn More

Citibank (South Dakota) N.A. v. Han (In re Han)

Aug
08
2005
Ruling
Portion of debtor's credit card debt was deemed nondischargeable due to debtor's fraud.
Procedural posture

Plaintiff credit card company filed an adversary proceeding against defendant debtor alleging that the debtor's obligation to the credit card company was not dischargeable under 11 U.S.C. § 523(a)(2)(A). After filing an amended complaint, the credit card company filed a renewed motion for a default judgment.

ABI Membership is required to access the full summary of Citibank (South Dakota) N.A. v. Han (In re Han) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 08, 2005 , LexisNexis #0106-083
LexisNexis Article
Learn More
Subscribe to %1