Prado v. Cash Am. Advance Inc. (In re Prado)
Mar
31
2006
Ruling
Debtor had a colorable claim against pawnshop creditor for violating the automatic stay by enforcing its lien on the debtor's collateral since debtor's right to recover the collateral existed at the time of filing.
Procedural posture
Plaintiff debtor filed an adversary proceeding seeking damages, sanctions, and attorneys fees for violation of 11 U.S.C. § 362. Defendant pawnbroker moved for dismissal, or in the alternative, summary judgment.
ABI Membership is required to access the full summary of Prado v. Cash Am. Advance Inc. (In re Prado) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Salazar
Mar
29
2006
Ruling
Foreclosure did not violate an automatic stay since the debtors did not comply with the prefiling credit counseling requirement and were, thus, ineligible as bankruptcy debtors.
Procedural posture
Bankruptcy debtors filed their bankruptcy petition without obtaining credit counseling as required by 11 U.S.C. § 109(h), the debtors'mortgagee foreclosed on their residence after the petition was filed. The debtors moved for reconsideration of the bankruptcy court's order, which struck the debtor's petition based on ineligibility under section 109(h).
ABI Membership is required to access the full summary of In re Salazar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sec. Bank v. Rodriguez (In re Rodriguez)
Feb
15
2006
Ruling
Bank was denied summary judgment since the debtor's alleged fraudulent intent was at issue.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant debtor, claiming that the debtor's obligation to the bank should be declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). The bank filed a motion for summary judgment.
ABI Membership is required to access the full summary of Sec. Bank v. Rodriguez (In re Rodriguez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Thomas
Feb
13
2006
Ruling
Order confirming the debtors'plan was vacated, and sanctions were imposed on the debtor 's counsel based on intentional misrepresentations of the debtor 's tax liability that constituted fraud.
Procedural posture
Bankruptcy debtors'chapter 13 plan provided for payment of the debtors'federal tax liability and the plan was confirmed, but the government subsequently filed a proof of claim for substantially greater tax liability. The debtors stipulated to the claim, and the bankruptcy court considered whether debtors and their counsel intentionally misrepresented the debtors'tax liability.
ABI Membership is required to access the full summary of In re Thomas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
G.H. Leidenheimer Baking Co. v. Sharp (In re SGSM Acquisition Co. LLC)
Feb
06
2006
Ruling
Payments made to the debtor's suppliers during the preference period were avoidable transfers since they were not made in the ordinary course of business subject to a portion of the payments not being preferential since subsequent new value was provided.
Procedural posture
Appellant suppliers brought a consolidated appeal from the district court, challenging the lower courts'treatment of preference payments each received from debtor grocery store chain before it filed bankruptcy.
ABI Membership is required to access the full summary of G.H. Leidenheimer Baking Co. v. Sharp (In re SGSM Acquisition Co. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- FRBP
In re Porcheddu
Feb
03
2006
Ruling
Court imposed sanctions on a firm and an attorney for fraudulent fee shifting.
Procedural posture
The court issued a show cause order against an attorney and her law firm after discovering that the firm was adjusting time entries after-the-fact and then holding the fee statements out to be the firm's business records. The attorney and the firm represented creditors in consumer bankruptcy cases in the court.
ABI Membership is required to access the full summary of In re Porcheddu 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 Moates
Jan
27
2006
Ruling
Debtors whose debts were not primarily consumer debts were not required to file a statement of current monthly income as the filing of schedules I and J provided redundant information and, thus, satisfied that requirement.
Procedural posture
Debtors in two bankruptcy cases submitted to the court the question of whether they were required under 11 U.S.C. § 521(a)(1)(B)(v), as individual debtors whose debts were primarily business debts, to file a statement of current monthly income. The question was before the court for decision.
ABI Membership is required to access the full summary of In re Moates Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Gilbane Bldg. Co. v. Air Sys. (In re Encompass Servs. Corp.)
Jan
26
2006
Ruling
Court ruled that it did not have jurisdiction over an action involving the assigment of a subcontract since the subcontract was created independent of the bankruptcy and did not impact postconfirmation distributions to creditors.
Procedural posture
After the debtors' chapter 11 plan was confirmed, plaintiff contractor brought an adversary proceeding against defendant purchaser, seeking a declaration that the debtors'assignment of a subcontract to the purchaser was invalid and remained in the estate, and seeking an injunction against the purchaser from further prosecuting the subcontract in state court. The parties cross- moved for summary judgment; the purchaser moved for abstention.
ABI Membership is required to access the full summary of Gilbane Bldg. Co. v. Air Sys. (In re Encompass Servs. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Neely v. Smith (In re Neely)
Nov
22
2005
Ruling
Order denying conversion was revoked, and case was remanded for consideration of whether debtor bad faith existed since strong presumption in favor of conversion exists.
Procedural posture
The debtor appealed two interlocutory orders of the bankruptcy court. The first order denied his 11 U.S.C. § 706(a) motion to convert from a Chapter 7 to a Chapter 13 bankruptcy. The second order withdrew the first order, granted the motion to convert, and then immediately reconverted the debtor's case to a Chapter 7 case.
ABI Membership is required to access the full summary of Neely v. Smith (In re Neely) 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 Hettler
Oct
14
2005
Ruling
State jury findings of actual malice sufficiently established willful and malicious injury under the Code and thus judgment was nondischargeable.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors, alleging that the creditor's state court judgment against the debtors established willful and malicious injury to the creditor and thus the judgment debt was not dischargeable under 11 U.S.C. § 523(a)(6) based on collateral estoppel. The creditor moved for summary judgment.
ABI Membership is required to access the full summary of In re Hettler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: