- 11 U.S.C.
Klaes v. Davison (In re Davison)
Sep
16
2009
Ruling
Debt arising from false pretenses, representations or fraud while debtor was acting as "financial advisor" was nondischargeable.
Procedural posture
Plaintiffs, an unsophisticated investor and her son, filed a complaint against defendant debtor objecting to dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), asserting that debtor obtained funds from them by false pretenses, a false representation or actual fraud. The matter was pending decision following trial.
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Court
:
- 11 U.S.C.
Armstrong v. Lasalle Bank Natl Assn
Oct
08
2008
Ruling
Bank could not claim retroactive postpetition, postconfirmation interest payment change where notice was not timely filed.
Procedural posture
Creditor filed a notice of post-petition payment change which provided for multiple payment changes over a period of years on the debtor's mortgage. The debtor filed an objection to the notice as being late filed and untimely and requested a finding that the creditor was limited to the monthly payment as provided for in the amended chapter 13 plan.
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Ernst & Young LLP v. Reilly (In re Earned Capital Corp.)
Sep
11
2008
Ruling
Bankruptcy court declined to dismiss or abstain from adversary proceeding, by accountant who aided in administration, for injunction against creditors claims that were res judicata after confirmation.
Procedural posture
Plaintiff accountant filed a Fed. R. Civ. P. 56(c) motion for summary judgment on its adversary complaint for a permanent injunction barring defendant creditors from the continued prosecution of a state court action for negligence, conspiracy, and fraudulent misrepresentation or nondisclosure of the debtors' liabilities and value. The creditors filed a motion to dismiss or, in the alternative, for abstention and withdrew their motion for recusal.
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:
- 11 U.S.C.
McDonald v. Wells Fargo Fin.
May
30
2008
Ruling
Fixtures are "incidental property" included in debtors' residence so that mortgage thereon was protected from modification.
Procedural posture
Chapter 13 debtors, filed an adversary complaint in which they claimed that a third mortgage held on their residence by respondent mortgage company was modifiable under 11 U.S.C.S. § 1322(b)(2) on the ground that respondent's interest was in property other than real property owned by debtors.
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Court
:
- 11 U.S.C.
Cadle Co. v. Zofko (In re Zofko)
Feb
07
2008
Ruling
Debtor's omissions did not rise to level that would require denial of discharge.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking to deny the debtor his discharge pursuant to 11 U.S.C.S. § 727. The matter was appealed to the United States District Court for the Western District of Pennsylvania. The district court remanded the matter after it was unclear whether the correct legal standard was applied relative to intent under 11 U.S.C.S. § 727(a)(4)(A).
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Court
:
- 11 U.S.C.
Mason & Mason v. Korwin (In re Korwin)
Dec
10
2007
Ruling
Proceeds of sale of marital residence were intended for property settlement and could not be exempted.
Procedural posture
The debtor claimed an exemption to proceeds from the sale of her marital residence. An objection was filed. The issue was whether the debtor was entitled to exempt the proceeds from the sale of the marital residence presently held by the chapter 7 trustee under 11 U.S.C. § 522(d)(10)(D).
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Department of Treasury IRS v. Seivers (In re Seivers)
Nov
29
2007
Ruling
IRS not entitled to extension of bar date in absence of excusable neglect.
Procedural posture
Movant IRS filed a motion for an extension of the bar date nunc pro tunc on the basis that its failure to timely file its proof of claim in the chapter 11 debtor's case was due to excusable neglect, within the meaning of Fed. R. Bankr. P. 9006(b)(1).
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:
- 11 U.S.C.
Chase Bank USA v. Park (In re Park)
Sep
19
2007
Ruling
Van for transporting debtors and their children was not a luxury item and charge on unsolicited credit card used to purchase the van was dischargeable.
Procedural posture
Plaintiff creditor filed an action against defendant debtor for a ruling that certain charges made by the debtor on a credit card were nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(C).
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Roeder v. No Respondent (In re Ward)
Apr
13
2007
Ruling
Trustee's compensation was subject to reasonableness test.
Procedural posture
Before the court in a chapter 7 matter was the Trustee's Final Report and Account, an Application for Compensation as Trustee, and an Application for Compensation as Attorney Pro Se. The trustee requested compensation as trustee in the amount of $9,188 plus $584 in expenses and compensation as attorney pro se in the amount of $2,199.
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:
- 11 U.S.C.
Regional Anesthesia Assocs. PC v. PHN Physician Servs. (In re Regional Anesthesia Assocs. PC)
Feb
15
2007
Ruling
Involuntary petition dismissed where petitioning creditors owed money to debtor.
Procedural posture
Movant, alleged debtor, challenged an involuntary petition filed against it by respondents, petitioning creditors.
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Court
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