- 11 U.S.C.
In re Hinkle
Jul
02
2012
Ruling
Confirmation denied where modification of undersecured claim secured by residential and commercial property would not be cured through plan.
Procedural posture
Debtor filed a chapter 13 bankruptcy petition and proposed plan. Timely objections to confirmation of the Plan were filed by creditor bank, holder of an oversecured claim.
ABI Membership is required to access the full summary of In re Hinkle Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schatz v. Chase Home Fin. (In re Schatz)
Jul
25
2011
Ruling
Statement creditor sent to debtor that was specifically labeled "for compliance and/or informational purposes" did not violate stay.
Procedural posture
Plaintiffs, a Chapter 13 debtor and his wife, filed an adversary proceeding against defendant creditor for violation of the automatic stay under 11 U.S.C.S. § 362(k) and for violations of federal and state consumer protection statutes. Defendant filed a motion to dismiss.
ABI Membership is required to access the full summary of Schatz v. Chase Home Fin. (In re Schatz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Baker v. Harris (In re Harris)
Jul
14
2011
Ruling
Claim of nondischargeability based on willful and malicious acts dismissed absent sufficient facts.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's willful and malicious injury to the creditor, embezzlement and larceny, and fraud. The debtor moved for judgment on the pleadings.
ABI Membership is required to access the full summary of Baker v. Harris (In re Harris) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Tufano
Apr
19
2011
Ruling
Conversion to chapter 13 granted over trustee's objection where debtors' misstatements and omissions were due to erroneous advice of former counsel.
Procedural posture
Bankruptcy debtors moved to convert their Chapter 7 bankruptcy case to a case under Chapter 13 pursuant to 11 U.S.C.S. § 706(a), the bankruptcy trustee objected to conversion on the grounds that the debtors were untruthful and could not propose a confirmable Chapter 13 plan.
ABI Membership is required to access the full summary of In re Tufano Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Butz v. People First Fed. Credit Union (In re Butz)
Mar
30
2011
Ruling
Computer generated past due statement was a demand for payment of prepetition debt that violated stay.
Procedural posture
Plaintiff debtor filed a motion for summary judgment with respect to the debtor's adversary complaint brought against defendant creditor for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k).
ABI Membership is required to access the full summary of Butz v. People First Fed. Credit Union (In re Butz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Fidelity Deposit & Discount Bank v. Domiano (In re Domiano)
Dec
28
2010
Ruling
Case converted to chapter 7 due to gross mismanagement of estate.
Procedural posture
In this individual Chapter 11 proceeding filed by respondent debtors, a husband and wife, movant, a secured creditor, sought conversion of the case to Chapter 7 and an accounting regarding some of the secured creditor's collateral. The debtors sought dismissal of the conversion motion.
ABI Membership is required to access the full summary of Fidelity Deposit & Discount Bank v. Domiano (In re Domiano) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Caruso v. DeHart (In re Caruso)
Aug
06
2010
Ruling
Trustee was bound by confirmation of original plan and barred from objecting to identical language contained in proposed amended plan.
Procedural posture
Movant, a chapter 13 debtor, sought to amend his confirmed plan under 11 U.S.C.S. § 1329. Respondent chapter 13 Trustee objected to the motion and to the proposed plan.
ABI Membership is required to access the full summary of Caruso v. DeHart (In re Caruso) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
DeAngelis v. KCs Pub LLC (In re KCs Pub LLC)
Jun
03
2010
Ruling
Debtor restaurant owner's failure to maintain liquor liability insurance coverage was not grounds for dismissal.
Procedural posture
U.S. Trustee asserted that respondent bankruptcy debtor-in-possession, which owned and operated a restaurant and tavern serving both food and liquor to the general public, failed to maintain liquor liability insurance coverage. The trustee moved to dismiss the debtor's chapter 11 case for cause under 11 U.S.C.S. § 1112(b)(4)(C) based on the debtor's failure to maintain appropriate insurance.
ABI Membership is required to access the full summary of DeAngelis v. KCs Pub LLC (In re KCs Pub LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeAngelis v. Rose (In re Rose)
Mar
12
2010
Ruling
Payment of older creditors with proceeds of numerous high interest loans obtained during preference period was fraudulent and grounds for denial of discharge.
Procedural posture
Plaintiff, the acting United States trustee, brought an adversary complaint objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A). The debtor was alleged to have violated § 727(a)(2)(A) through a series of loan agreements he entered into with private individuals during the one year pre-petition period where he was insolvent.
ABI Membership is required to access the full summary of DeAngelis v. Rose (In re Rose) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wayne Bank v. Johnson (In re Johnson)
Sep
23
2009
Ruling
Motion for denial of discharge denied due to issue of fact regarding auto loans.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A). The debtor filed a motion for summary judgment.
ABI Membership is required to access the full summary of Wayne Bank v. Johnson (In re Johnson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: