Neary v. Guilleet (In re Guillet)
Oct
29
2008
Ruling
Debtor's transfer of funds to Nigerian scam was not grounds for denial of discharge.
Procedural posture
Plaintiff sued defendant chapter 7 debtors, seeking to deny the entry of a discharge pursuant to 11 U.S.C.S. §§ 727(a)(2), (a)(3), or (a)(5) because of the debtors'involvement in an apparent Nigerian money scam. The court held a trial.
ABI Membership is required to access the full summary of Neary v. Guilleet (In re Guillet) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Claybrook v. Bell
Oct
20
2008
Ruling
Bankruptcy court properly denied discharge for debtor's failure to maintain financial records.
Procedural posture
Appellant debtor challenged a decision of the Bankruptcy Court for the Eastern District of Texas, Sherman Division, that: (1) denied her discharge for failure to maintain adequate financial records pursuant to 11 U.S.C.S. § 727(a)(3); (2) found appellee creditor's claim nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A); and (3) denied the debtor's motion for reconsideration.
ABI Membership is required to access the full summary of Claybrook v. Bell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Taylor v. Adams
Sep
25
2008
Ruling
Appeal of debtor's spouse of denial of homestead exemption dismissed for failure to file brief.
Procedural posture
Appellant, wife of a debtor, sought review of a decision of the Bankruptcy Court for the Eastern District of Texas, which denied the wife's motion for reconsideration of a prior order that found that the homestead exemption did not apply to the property where the wife and the debtor resided. Appellees filed a motion to dismiss because the wife did not timely file an appellate brief.
ABI Membership is required to access the full summary of Taylor v. Adams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ariyaserbsiri
Sep
17
2008
Ruling
Below-median debtor's income had to be combined with that of non-debtor spouse in determining appropriate commitment period.
Procedural posture
A bankruptcy debtor proposed a plan which provided for payments over a period less than five years because the debtor's income was below the median income of a family similar to the debtor's family. The bankruptcy trustee objected to confirmation of the debtor's plan on the ground that the debtor's family income exceeded the median when the income of the debtor's non-filing spouse was included, and thus the five-year commitment period applied.
ABI Membership is required to access the full summary of In re Ariyaserbsiri Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Anderson v. Cain
Jul
24
2008
Ruling
State law case that would determine value of 97 percent of claims against the estate remanded.
Procedural posture
Plaintiffs filed an action against defendants in state court alleging that defendants conspired to misappropriate funds that were intended for the sale of plaintiffs' property and that as a result of defendants' conduct the sale did not go forward and plaintiffs lost the benefit of the sale. Defendant debtors removed the matter to the court, and plaintiffs filed a motion for abstention or to remand the matter to state court.
ABI Membership is required to access the full summary of Anderson v. Cain Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ferrell
Jul
21
2008
Ruling
Trustee was not required to advise debtor on terms of agreement to cure default under plan.
Procedural posture
After initially defaulting on their plan payments, the debtors and the chapter 13 trustee entered into an agreed order which required the debtors' to pay all past due payments pursuant a schedule and remain current on the monthly plan payments. The debtors again defaulted, the trustee filed a certificate of non-compliance, and the case was dismissed. The debtors moved to alter or amend the dismissal order pursuant to Fed. R. Civ. P. 59(e).
ABI Membership is required to access the full summary of In re Ferrell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sanford
Jul
02
2008
Ruling
Confirmation denied due to debtor's proposal to pay secured claim directly to IRS instead of through chapter 13 trustee.
Procedural posture
The second amended chapter 13 plan filed by the debtors came on for confirmation. The creditor, the Internal Revenue Service (IRS) filed objection thereto, challenging the debtors' proposal that they would disburse payments, and otherwise did not comply with 11 U.S.C.S. §§ 1325(a)(5) and 1326(b).
ABI Membership is required to access the full summary of In re Sanford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kennedy v. Heimann
May
27
2008
Ruling
Bankruptcy court properly dismissed case as filed for improper purpose.
Procedural posture
Appellant creditor sought review of two orders of the Bankruptcy Court for the Eastern District of Texas, which dismissed a bankruptcy case by appellee debtor, pursuant to 11 U.S.C.S. § 521, denied the creditor's motion for sanctions as moot, and denied the creditor's motion to vacate the dismissal order and declined to retain jurisdiction over the sanctions motion.
ABI Membership is required to access the full summary of Kennedy v. Heimann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Long
Apr
25
2008
Ruling
Above median debtor not permitted to deduct payments on surrendered vehicle.
Procedural posture
The debtor moved for confirmation of her chapter 13 plan. The chapter 13 trustee objected to the confirmation of the plan on the ground that the debtor was not applying all of her projected disposable income to payments for the benefit of unsecured creditors in contravention of 11 U.S.C.S. § 1325(b)(1)(B). The debtor sought to deduct a secured debt payment for collateral that was being surrendered.
ABI Membership is required to access the full summary of In re Long Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cole v. Cole (In re Cole)
Apr
15
2008
Ruling
Obligation incurred in course of marriage and assigned to debtor in divorce decree was nondischargeable.
Procedural posture
Plaintiff former wife filed an action against defendant debtor, seeking a determination that the obligations assumed by the debtor in a final divorce decree were not dischargeable in bankruptcy pursuant to 11 U.S.C.S. § 523(a)(15). After a trial, the court issued findings of fact and conclusions of law.
ABI Membership is required to access the full summary of Cole v. Cole (In re Cole) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: