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Kirby v. Kirby (In re Kirby)

Oct
31
2006
Ruling
Former spouse with no actual bankruptcy claim lacked standing to object to debtor's discharge.
Procedural posture

The debtor's ex-spouse brought an adversary proceeding pursuant to 11 U.S.C. § 727(a) objecting to debtor's chapter 7 discharge. The debtor filed a motion for summary judgment, arguing that her ex-spouse was not a "creditor" and therefore lacked standing to object under 11 U.S.C. § 727(a).

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opinion summary, case decided on October 31, 2006 , LexisNexis #1206-136
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Rowlands v. Fraser (In re Rowlands)

Jun
28
2006
Ruling
Summary judgment denying discharge was reversed since creditors did not establish intent to defraud.
Procedural posture

Appellee creditors brought an adversary proceeding against appellant bankruptcy debtor, asserting pursuant to 11 U.S.C. § 727(a)(2)(A) that the debtor was not entitled to a discharge based on the debtor's concealment of assets. The debtor appealed the order of the Bankruptcy Court for the District of Massachusetts which granted summary judgment to the creditors.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 28, 2006 , LexisNexis #0706-099
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In re Guadette

May
26
2006
Ruling
Court modified fee agreement and awarded counsel additional fees since parties benefitted from counsel's work.
Procedural posture

Movant, special counsel to the trustee of a chapter 7 bankruptcy estate, filed a final fee application, seeking additional fees on theories of fee-shifting, common fund, quantum meruit, and the application of a contingency fee agreement to all assets of a second bankruptcy estate. Objectors included, inter alia, the trustee, the Small Business Administration, and three recovery corporations, one of which filed a motion to release escrow funds.

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opinion summary, case decided on May 26, 2006 , LexisNexis #0706-124
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In re Kibbe

Apr
14
2006
Ruling
Plan was denied confirmation since debtor incorrectly calculated projected disposable income based on Official Form B22C rather than Schedules I and J.
Procedural posture

The chapter 13 trustee filed a motion to dismiss the debtor's bankruptcy case. The issue presented was whether "projected disposable income," as used in 11 U.S.C. § 1325(b)(1)(B), was determined from Official Bankr. Form B22C or whether "projected disposable income" was determined by Schedules I and J, when the debtor's "current monthly income," as defined by 11 U.S.C. § 101(10A), was significantly lower than her actual current income.

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opinion summary, case decided on April 14, 2006 , LexisNexis #0606-115
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Mullen v. Kalil (In re Mullen)

Feb
01
2006
Ruling
Debtor's action to avoid transfers to the debtor's former husband was time barred since the action was already disclosed in the debtor's discharged chapter 7 case and could not be revived by reopening the case and converting to chapter 11.
Procedural posture

Plaintiff debtor sued defendant former husband alleging that the transfers of a lease and a business were avoidable as fraudulent transfers under 11 U.S.C. § 548, the transfers of the lease and the business were avoidable under 11 U.S.C. § 544(b), the transfers of the lease and the business were avoidable preferences under 11 U.S.C. § 547(b). The former husband filed a motion for summary judgment.

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opinion summary, case decided on February 01, 2006 , LexisNexis #0306-024
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