- 11 U.S.C.
In re Holland
Nov
17
2008
Ruling
Life insurance proceeds received more than 180 days postpetition were not property of the estate and failure to schedule justified by debtor's belief she was not a beneficiary.
Procedural posture
A chapter 7 trustee objected to a debtor's claimed exemptions of her shares of stock in a life insurance company and of the cash surrender value of a life insurance policy.
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Court
:
- 11 U.S.C.
In re Powell
Nov
06
2008
Ruling
Judicial lien avoided as totally impairing debtor's possible exemption.
Procedural posture
A bankruptcy debtor claimed exemptions of specific amounts in real properties, and there were no objections to the exemptions. The debtor moved to avoid a judicial lien pursuant to 11 U.S.C.S. § 522(f)(1) as impairing the debtor's exemptions, but the lienholders claimed that their lien did not impair the exemptions to the extent of the debtor's unexempted equity in the properties.
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Court
:
- 11 U.S.C.
In re Privada Inc.
Oct
22
2008
Ruling
Involuntary case dismissed as filed in bad faith by petitioning creditors in order to disrupt interpleader action.
Procedural posture
The movant creditors sought the dismissal of the involuntary bankruptcy case pursuant to 11 U.S.C.S. § 305 and 11 U.S.C.S. § 707(a), as having been filed in bad faith by the petitioning creditors, most of whom resided outside the United States. The movants asserted that the petitioning creditors were motivated to disrupt an interpleader action that was pending in the United States District Court for the Eastern District of New York.
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Court
:
- 11 U.S.C.
In re Austin Temp. Servs.
Oct
21
2008
Ruling
Attorneys could not represent trustee in legal malpractice action having represented creditor in the underlying collection action.
Procedural posture
Trustee filed an application, pursuant to 11 U.S.C.S. § 327, to retain and employ the attorneys for a special purpose, which was to represent the trustee by investigating and pursuing a legal malpractice action against the debtor's former counsel.
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Court
:
- 11 U.S.C.
In re Rambo Imaging LLP
Jul
15
2008
Ruling
Involuntary petition dismissed where required "general partner" was acutally a limited partner who lacked standing.
Procedural posture
Petitioner creditor, a partnership, filed a petition under chapter 7 of the Bankruptcy Code, seeking an order requiring another partnership (alleged debtor) to undergo bankruptcy. Petitioner doctor joined the first partnership's action, claiming that he was a general partner of the alleged debtor who had standing under 11 U.S.C.S. § 303(b)(3). The alleged debtor filed a motion to dismiss the petitioners' amended petition.
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Court
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In re Spillman Dev. Group Ltd.
Sep
20
2007
Ruling
Attorneys'fee application for fees generated largely by objecting LLC's opposition to sale of property approved with minor reductions.
Procedural posture
Debtor business filed a voluntary petition under chapter 11, and a plan for repaying its creditors. The court denied confirmation of the plan, but allowed the debtor to sell its interest in a golf course. A law firm that represented the debtor filed a Final Fee Application, and a limited liability company ("LLC") that was one of the debtor's primary creditors filed an objection to the application.
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Court
:
Franklin Bank v. Barnes (In re Barnes)
Jun
04
2007
Ruling
Debtor who caused his debtor busines to transfer property with intent to harm secured creditor denied discharge.
Procedural posture
Plaintiff creditor, a bank, sought a determination that defendant debtor was not entitled to a discharge under 11 U.S.C. § 727 and that the indebtedness to the bank was nondischargeable under 11 U.S.C. § 523(a)(4) or (a)(6).
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Court
:
- FRBP
In re Griffin
May
17
2007
Ruling
Failure to provide copy of assignment or transfer of credit card debt was not grounds for disallowance as transfer preceeded filing of proof of claim.
Procedural posture
A creditor filed a proof of claim for an unsecured credit card indebtedness that it had purchased from a bank. The chapter 13 debtors objected to the proof of claim, alleging a lack of documentation and no evidence of the transfer between the bank and the creditor.
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Court
:
- 11 U.S.C.
In re Hall
Apr
23
2007
Ruling
Case automatically dismissed on 46th day after petition date due to failure to provide information omitted from schedules.
Procedural posture
Chapter 7 debtor filed a motion requesting that the court enter an order reflecting that the bankruptcy case had been automatically dismissed on the 46th day after the petition date under 11 U.S.C. § 521(i)(1) due to debtor's failure to comply with the provisions of section 521(a).
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Court
:
- 11 U.S.C.
Robertson v. IRS (In re Robertson)
Sep
25
2006
Ruling
Debtor's liability as responsible person for trust fund taxes was nondischargeable.
Procedural posture
Plaintiff debtor, the primary limited partner of taxpayer, a limited partnership, challenged the claim of defendant IRS. At issue was a determination whether the debtor was a responsible person of the limited partnership for purposes of imposition of tax liability under 26 U.S.C. § 6672, and whether the taxes were nondischargeable under 11 U.S.C. §§ 507(a)(8) and 523(a)(1).
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Court
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