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Fickes v. Tyrone Hosp.

Oct
29
2010
Ruling
Age discrimination claim was discharged due to creditor's failure to file proof of claim.
Procedural posture

Defendant debtor filed a second motion for summary judgment in plaintiff employee's action to collect on a judgment; the debtor claimed that the action was discharged in its bankruptcy pursuant to 11 U.S.C.S. § 524(a)(2).

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Commercial opinion summary, case decided on October 29, 2010 , LexisNexis #1110-123
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Riley v. National Lumber Co. (In re Reale)

Oct
15
2009
Ruling
Bankruptcy court properly issued order for recovery of money paid to creditor as part of settlement as preferential.
Procedural posture

Appellee bankruptcy trustee brought an action to recover money paid to appellant creditor as part of a settlement, alleging that it was a preferential transfer and was avoidable under 11 U.S.C.S. § 547(b). A bankruptcy court entered a $ 20,000 preference recovery judgment against appellant. The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the judgment. Appellant challenged the decision.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 15, 2009 , LexisNexis #1109-054
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Peltz v. Edward Vancil Inc. (In re Bridge Info. Sys.)

Jan
10
2007
Ruling
Lease settlement was consideration fo debtor lessee to exercise future options and was not a preference.
Procedural posture

Chapter 11 plan administrator for the debtor appealed from a decision of the Bankruptcy Appellate Panel that reversed a bankruptcy court order granting summary judgment to the administrator in an adversary proceeding to avoid a payment as a preferential transfer under 11 U.S.C. § 547(b), against a lessee of office space in debtor's building.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 10, 2007 , LexisNexis #0207-026
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Walsh v. McMurry

Aug
18
2006
Ruling
Case remanded to bankruptcy court for determination as to whether IRA was reasonably necessary to support debtor and family and therefore partially exempt.
Procedural posture

Appellee bankruptcy trustee objected when appellant chapter 7 debtor claimed an exemption from the bankruptcy estate for his entire individual retirement account ("IRA"). The debtor appealed after the bankruptcy court sustained the objection and ruled that a portion of his IRA was not exempt under 11 U.S.C. § 522(d)(10)(E).

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opinion summary, case decided on August 18, 2006 , LexisNexis #0906-084
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Walsh v. Benson

Aug
18
2006
Ruling
Bankruptcy court erred in concluding that IRA was not eligible for exemption.
Procedural posture

Appellant debtor appealed the opinion and order of the bankruptcy court which held that the debtor's Individual Retirement Account ("IRA") was neither excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) nor exempt under 11 U.S.C. § 522(d)(10)(E). Appellee trustee opposed the appeal.

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opinion summary, case decided on August 18, 2006 , LexisNexis #0906-083
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