- 11 U.S.C.
Reed v. City of Arlington
Aug
11
2011
Ruling
District court properly allowed trustee to collect undisclosed Family Medical Leave Act judgment on behalf of the estate.
Procedural posture
Debtor failed to disclose a Family Medical Leave Act judgment against appellant city in his bankruptcy case. The U.S. District Court for the Northern District of Texas estopped debtor from collecting the judgment, but allowed appellee bankruptcy trustee to collect on behalf of the estate. A panel of the court reversed, effectively vacating the judgment against the city. The panel opinion was vacated by the decision to rehear the case en banc.
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Court
:
Judge or Jurisdiction information not available
Stanley v. McLain (In re McLain)
Apr
29
2011
Ruling
Knowing violation of state deceptive trade practices act was not sufficient to support nondischargeability of judgment debt.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtors alleging that a debt owed by the debtor husband was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The creditor obtained a judgment against the debtor under the Texas Deceptive Trade Practices Act (DTPA) and argued that the elements used to satisfy the DTPA claim compelled a finding of nondischargeability.
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Court
:
- 11 U.S.C.
Kotoshirodo v. Brennan (In re Lull)
Apr
26
2011
Ruling
Transferee, owner of LLC, of which debtor Ponzi scheme operator's corporation was majority member and co-owner, was an insider, entitling trustee to extended reach back.
Procedural posture
Chapter 7 trustee filed a complaint against defendant creditor to recover avoidable preferential transfers from the debtor to the creditor under 11 U.S.C.S. § 547(b). The parties filed cross-motions for summary judgment. At a previous hearing, the trustee's motion was granted as to all elements of avoidable preferences except for the question of whether the creditor was an "insider" as defined in 11 U.S.C.S. § 101(31).
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Court
:
- 11 U.S.C.
FNFS Ltd. V. Harwood (In re Harwood)
Apr
05
2011
Ruling
Debtor's taking of partnership funds for personal use properly found to result in nondischargeable debt due to breach of fiduciary duty.
Procedural posture
Appellant debtor appealed form the U.S. District Court for the Eastern District of Texas an order affirming a bankruptcy court's ruling that certain of his debts were nondischargeable under 11 U.S.C.S. § 523(a)(4). He challenged the bankruptcy court's determination that his debts were incurred through defalcation while acting as a fiduciary to creditor partnership.
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Court
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Judge or Jurisdiction information not available
- FRBP
In re Angelos
Mar
15
2011
Ruling
Approval of settlement denied due to trustee's failure to investigate fairness and equity.
Procedural posture
In a contested matter governed by Fed. R. Bankr. P. 9014, movant, the chapter 7 trustee, asked the court to approve a proposed settlement between the trustee and a claimant with long-standing disputes with debtor. At issue was whether the proposed settlement was fair and equitable including whether it would benefit other creditors of the estate.
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Court
:
- 11 U.S.C.
Burnett v. Stewart Title Inc. (In re Burnett)
Mar
04
2011
Ruling
Private employer was not prohibited from denying employment to debtor on basis of earlier bankruptcy filing.
Procedural posture
Plaintiff debtor sued defendant potential private employer alleging the employer violated 11 U.S.C.S. § 525(b) by refusing to hire her on the basis of her earlier bankruptcy filing. The bankruptcy court granted the employer's motion to dismiss for failure to state a claim and the U.S. District Court for the Southern District of Texas affirmed. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hawaiian Telecom Communs. Inc.
Dec
30
2009
Ruling
Plan of telecommunications company approved over objections of committee of unsecured creditors.
Procedural posture
Debtors, a telecommunications company and affiliated companies, filed petitions under chapter 11, and were allowed to operate their business as debtors-in-possession, pursuant to 11 U.S.C.S. §§ 1107(a) and 1108. The debtors filed a chapter 11 plan for reorganizing their businesses which proposed to restructure their debts. A committee of unsecured creditors filed objections to the debtors' plan.
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Court
:
- 28 U.S.C.
Duke v. Trans Union LLC
Sep
16
2008
Ruling
Debtor's Fair Credit Reporting Act proceeding disimissed for lack of subject matter jurisdiction.
Procedural posture
Chapter 13 debtors sued defendant credit reporting agency, alleging, inter alia, that it vioalted the Fair Credit Reporting Act (FCRA) when disputed debts continued to appear on their credit reports. The bankruptcy court for the district of Oregon granted the agency's motion to dismiss the FCRA claims, dismissing the claims without prejudice for lack of subject matter jurisdiction. The debtors appealed the order.
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Court
:
- 11 U.S.C.
In re Aloha Airlines Inc.
May
13
2008
Ruling
Emergency motion for confirmation of sale of debtor airline's cargo assets free and clear granted.
Procedural posture
A chapter 7 trustee filed an emergency motion for the entry of an order confirming the sale of the debtors' air cargo assets pursuant to 11 U.S.C.S. § 363 free and clear of liens, claims, encumbrances, and interests, and approving the assumption and assignment of certain executory contracts under 11 U.S.C.S. § 365.
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Court
:
- 11 U.S.C.
Pheasant v. Lull (In re Lull)
Apr
30
2008
Ruling
Debt based on funds invested with debtor which debtor falsely claimed was secured by three mortgages was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that her debt was nondischargeable pursuant to 11 U.S.C.S. § 523.
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Court
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