- 11 U.S.C.
ELM Rd. Dev. Co. v. Buckeye Retirement Co. LLC Ltd. (In re Hake)
Dec
04
2009
Ruling
Trustee's sale of debtor's property interests upheld.
Procedural posture
Appellants, debtor and shareholders, appealed from an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division at Youngstown, that granted summary judgment in favor of defendants, transferees, that certain carve-out assets were property of the bankruptcy estate and that restrictions on a the debtor's sale constituted an unenforceable restraint on alienation of property under Ohio law.
ABI Membership is required to access the full summary of ELM Rd. Dev. Co. v. Buckeye Retirement Co. LLC Ltd. (In re Hake) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Resource Energy Techs. LLC
Dec
01
2009
Ruling
Creditor did not violate stay by pursuing discovery against members of debtor LLC.
Procedural posture
A creditor of a bankruptcy debtor, a limited liability company, brought an action in state court against the debtor and its principal members which was stayed with regard to the debtor when the debtor filed its bankruptcy petition. The debtor moved to hold the creditor in contempt for pursuing discovery from the members in the state action in violation of the automatic bankruptcy stay.
ABI Membership is required to access the full summary of In re Resource Energy Techs. LLC 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 Smith
Oct
26
2009
Ruling
Case dismissed due to debtors' inability to reorganize, bad faith and dishonesty.
Procedural posture
Chapter 11 individual debtors applied to employ an attorney and to pursue counterclaims against a principal creditor; the principal creditor moved to dismiss the debtor wife's bankruptcy case, to institute contempt proceedings; and the court sua sponte moved for both debtors to show cause why the case should not be dismissed, converted to chapter 7, or a trustee appointed.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Palmer v. Washington Mut. Bank (In re Ritchie)
Sep
24
2009
Ruling
Creditor's alleged interest in debtor's manufactured home properly avoided by bankruptcy court in accordance with state law.
Procedural posture
Creditor challenged an order of the bankruptcy court for the Eastern District of Kentucky granting the motion for summary judgment of plaintiff, the chapter 7 Trustee, and avoiding the creditor's lien on debtor's manufactured home.
ABI Membership is required to access the full summary of Palmer v. Washington Mut. Bank (In re Ritchie) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kappell v. Bunch (In re Bunch)
Sep
21
2009
Ruling
Discharge denied due to debtor's failure to provide business records and failure to disclose assets.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtors seeking denial of the debtors' discharge under 11 U.S.C.S. § 727 based on the debtors' inaccurate records and false statements, and seeking exception of the debt to the creditors from a remodeling project from discharge under 11 U.S.C.S. § 523 based on the debtors' fraud.
ABI Membership is required to access the full summary of Kappell v. Bunch (In re Bunch) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Blose
Sep
14
2009
Ruling
Employment discrimination action dismissed as not disclosed in debtor's bankruptcy.
Procedural posture
Movant, the former employer of one of the debtors, moved to dismiss a state court civil action filed by the debtor against it for employment discrimination, asserting that the debtors had failed to disclose the state law claim in their bankruptcy pleadings and were judicially estopped from asserting the claim, or alternatively, that the claim was property of the bankruptcy estate.
ABI Membership is required to access the full summary of In re Blose 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 McKinley
Jun
10
2009
Ruling
Lien of debtor's former spouse could be stripped where there was no equity in the subject property.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to avoid a lien asserted on property by the debtor's former wife. Further the debtors objected to a claim asserted by the former wife in the proceedings.
ABI Membership is required to access the full summary of In re McKinley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Miller v. A&M Oil Co. (In re Smith Mining & Material LLC)
May
19
2009
Ruling
Pre- and postpetition transfers by debtor to creditor fuel supplier avoided to extent not covered by new value defense.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. Plaintiff, a chapter 11 trustee, filed an action against defendant company, alleging that transfers made to the company were preferential and could be avoided and recovered under 11 U.S.C.S. §§§ 544, 547, 549, and 550. The court issued findings of fact and conclusions of law.
ABI Membership is required to access the full summary of Miller v. A&M Oil Co. (In re Smith Mining & Material LLC) 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 McFadden
May
14
2009
Ruling
Bankruptcy petition preparer fined, but not enjoined from filing further petitions, for doing more than simply filling out petitions.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code, and a petition was prepared on his behalf by a preparer. The court issued a sua sponte order directing the preparer to appear and show cause why she should not be enjoined from filing further petitions or other papers with the court for engaging in the unauthorized practice of law and violating 11 U.S.C.S. § 110, why $400 paid to her should not be refunded.
ABI Membership is required to access the full summary of In re McFadden Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Faruqi v. Anjum (In re Anjum)
Mar
12
2009
Ruling
Debt arising from debtor's failure to appear at civil trial was dischargeable absent proof of willful or malicious conduct.
Procedural posture
The debtor's former spouse filed a complaint to determine the nondischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(6). At issue was whether the conduct underlying a determination that debtor was liable to spouse for certain attorneys fees in a state court proceeding was of the type properly sanctioned under § 523(a)(6).
ABI Membership is required to access the full summary of Faruqi v. Anjum (In re Anjum) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: