- 11 U.S.C.
MCS Acquisition Corp. v. Gilpin (In re Gilpin)
Jul
17
2008
Ruling
Bankruptcy court erred in denying relief from stay to allow creditor to pursue rights under judicially approved covenant not to compete.
Procedural posture
Adversary plaintiff, a creditor and the former employer of defendant debtor, appealed from an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division, that denied its motion for relief from the automatic stay on its motion to enforce a covenant not to compete against the debtor. At issue was whether its equitable rights under the covenant not to compete constituted a claim under 11 U.S.C.S. § 101(5)(B).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Warner v. Gallimore (In re Gallimore)
Jul
10
2008
Ruling
Objection to discharge overruled in absence of evidence of debtor's intent to defraud.
Procedural posture
Plaintiff creditor filed a complaint objecting to discharge of defendant debtor in connection with plaintiff's claim to recover a $15,000 payment made to defendant on account of defendant's sale of a trailer to plaintiff because the trailer was later impounded for an invalid VIN. Though the debt was alleged to be nondischargeable under both 11 U.S.C.S. § 727(a)(2)(A) and 11 U.S.C.S. § 523, only the § 727 claim was considered at this time.
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Dunlap v. Independence Bank (In re Nationwide Tower Co.)
Jun
16
2008
Ruling
Bank's payment with own collateral pursuant to security agreement was not avoidable.
Procedural posture
A chapter 7 trustee filed an adversary proceeding against a bank to avoid transfers made to the bank pursuant to 11 U.S.C.S. § 547 and to recover the transferred property for the estate pursuant to 11 U.S.C.S. § 550. The court held a hearing and issued findings of fact and conclusions of law.
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:
Joel v. United States
May
19
2008
Ruling
Revocation of discharge affirmed where debtor admitted to legitimacy of omitted claim.
Procedural posture
Appellant debtor sought review of an order of the bankruptcy court, which revoked a discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) and dismissed his chapter 7 bankruptcy case.
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:
- 11 U.S.C.
Cadle Co. II Inc. v. Fashion Shop of Ky. Inc.
May
07
2008
Ruling
Bankruptcy court properly overruled objection to payments to previously approved consultant.
Procedural posture
Appellant corporation sought review of a decision of a bankruptcy court, which approved a fee application presented by a consultant that was employed by appellee debtor, pursuant to 11 U.S.C.S. § 328.
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:
- 11 U.S.C.
EEOC v. Daves Detailing Inc.
May
02
2008
Ruling
EEOC estopped from seeking damages for sexual harassment on behalf of debtor employees who did not disclose the complaints in their schedules.
Procedural posture
Defendant, a temporary employee staffing company, filed a motion under Fed. R. Civ. P. 12(b)(6) to dismiss certain claims of plaintiff Equal Employment Opportunity Commission (EEOC).
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:
In re Adkins
Mar
19
2008
Ruling
Creditor's attorney's claim for fees in state court action dismissed.
Procedural posture
A debtor objected to the proof of claim filed by a creditor's attorney in the Chapter 13 bankruptcy case.
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:
- 11 U.S.C.
Harrison v. Harrison (In re Harrison)
Mar
19
2008
Ruling
Money owed to former spouse from sale of mobile home park incurred in connection with divorce decree was nondischargeable.
Procedural posture
Plaintiff ex-wife filed a motion for summary judgment, pursuant to Fed. R. Bankr. P. 7056, in an adversary proceeding seeking a determination that defendant debtor's obligation to pay his ex-wife her share of the sale of marital property was nondischargeable, pursuant to 11 U.S.C.S. § 523(a)(15).
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:
- 11 U.S.C.
Harrison v. United States Dept of Agriculture Rural Dev. (In re Harrison)
Mar
13
2008
Ruling
Prepetition setoff payment to U.S. Department of Agriculture Rural Development was not preferential.
Procedural posture
Plaintiff debtors filed for relief under chapter 7 of the United States Bankruptcy Code and received a discharge in bankruptcy. The debtors filed an action against defendant, the United States Department of Agriculture Rural Development (RD), claiming that a pre-petition setoff payment to their loan from RD was a preferential transfer that was subject to turnover under 11 U.S.C.S. §§ 522 and 547. The parties sought summary judgment.
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- 11 U.S.C.
Houchens v. United States Dept of Agri. Dev.
Feb
05
2008
Ruling
Department of Agriculture offset of tax refund was not preferential.
Procedural posture
Defendant, the United States Department of Agriculture, Rural Development (RD), filed a motion for summary judgment in plaintiff chapter 7 debtor's action, which sought, pursuant to 11 U.S.C.S. § 522 and § 547, a turnover of a federal income tax refund that had been offset by RD. The debtor filed a cross-motion for summary judgment.
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Court
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