AFI Holding Inc. v. Barclay
Sep
04
2008
Ruling
Bankruptcy court erred in finding that investors in debtor's Ponzi scheme did not exchange reasonably equivalent value up to amount invested.
Procedural posture
Appellants, investors in chapter 7 debtor, challenged a decision of the Bankruptcy Court for the Central District of California, which granted appellee chapter 7 trustee summary judgment in an action to avoid transfers the debtor made to the investors prior to the debtor's bankruptcy pursuant to 11 U.S.C.S. § 544(b). The trustee cross-appealed the bankruptcy courts denial of prejudgment interest.
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Court
:
- 11 U.S.C.
Paul v. Iglehart (In re Paul)
Jul
28
2008
Ruling
Continuation of litigation in which debtors were nominal defendants including pursuit of discovery did not violate discharge injunction.
Procedural posture
This case concerned the protective scope of the discharge injunction. Plaintiff debtors brought an adversary proceeding against defendant, a state court plaintiff, alleging violation of the discharge injunction of 11 U.S.C.S. § 524(a)(2). The District Court for the District of Colorado held that the state court plaintiff violated the discharge injunction. The state court plaintiff appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
United States v. Henry
Jul
01
2008
Ruling
Criminal contempt proceeding for debtor's deletion of computer files that were subject to subpeona was not subject to stay.
Procedural posture
Intervening plaintiffs filed a motion for sanctions and the issuance of an order to show cause why movant should not have been held in contempt of court.
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Court
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In re Milby
Jun
16
2008
Ruling
Bankruptcy court lacked jurisdiction to determine if debtor met reaffirmation obligations to prevent ipso facto repossession under BAPCPA.
Procedural posture
A debtor sought a ruling that he performed his obligations under 11 U.S.C.S. §§ 521(a) and 362(h) or, alternatively, for approval of two reaffirmation agreements for auto loan debts that he entered into with a bank.
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Court
:
Comer v. United States SSA (In re Comer)
Apr
18
2008
Ruling
Debtor could not recover valid setoff against tax refund by Social Security Administration.
Procedural posture
Plaintiff chapter 7 debtors filed a complaint against the United States Social Security Administration (SSA), seeking to recover, pursuant to 11 U.S.C.S. § 547 and § 553(b), a setoff by the SSA of the debtors' federal tax refund against indebtedness owed to the SSA for overpayment of Social Security benefits.
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Court
:
In re Forgette
Nov
30
2007
Ruling
Car loan payments debtor owed pursuant to divorce decree did not establish claim for former spouse as payments were owed directly to lender.
Procedural posture
Respondent debtor objected to claimant ex-wife's priority claim in his chapter 13 bankruptcy. The claim represented the debt owed to a creditor bank on a repossessed vehicle.
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Court
:
- 11 U.S.C.
Shaver v. Forgette (In re Forgette)
Nov
30
2007
Ruling
Debtor's liability for car payments pursuant to divorce decree was not a domestic support obligation and was subject to stay.
Procedural posture
Movant, the ex-wife of a chapter 13 debtor, sought relief from stay pursuant to 11 U.S.C. § 362(b) or (d) to enable her to go to state court to enforce that portion of a divorce decree under which debtor was obligated for all indebtedness associated with a vehicle that the parties had owned during their marriage and which decree awarded movant certain rights of use for a limited period of time.
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Court
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In re Lephew
Nov
09
2007
Ruling
Debtors with income below 150% of poverty line who had filing fee at petition date but spent the funds prior to hearing denied waiver.
Procedural posture
Chapter 7 debtors filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C. § 1930(f).
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Court
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In re Phillips
Aug
20
2007
Ruling
Debtor who claimed non-necessary expenses and received tax refund not entitled to waiver of filing fee.
Procedural posture
Debtors'filed an application for a waiver of a chapter 7 filing fee, pursuant to 28 U.S.C. § 1930(f).
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Court
:
- 11 U.S.C.
Magar v. United States
Jul
31
2007
Ruling
Bankruptcy court properly revoked discharge due to debtors'failure to obey order for turnover of tax refunds.
Procedural posture
Appellee trustee filed a complaint to revoke appellant debtors'chapter 7 discharge pursuant to 11 U.S.C. § 727(d)(3) based on the debtors'refusal to obey an order requiring the debtors to turn over a portion of their federal and state tax refunds to the trustee. The debtors appealed from an order of the bankruptcy court revoking the debtors'discharge.
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Court
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