- 11 U.S.C.
In re Bateson
Jun
23
2016
Ruling
Funds held by chapter 13 trustee ordered released to debtor upon dismissal.
Issue(s)
Whether a Chapter 13 trustee exceeded his authority when he disbursed $16,614.96 he was holding to four entities that were creditors under the debtor's bankruptcy plan after the debtor dismissed her bankruptcy case, instead of returning those funds to the debtor.
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Court
:
- 11 U.S.C.
Miller v. Mathis (In re Mathis)
Apr
18
2016
Ruling
There is no private right of action against a debtor for breach of statutory duties under §521.
Issue(s)
Whether a chapter 7 trustee may bring a cause of action against a debtor for damages caused to the bankruptcy estate by the debtor's failure to comply with the debtor's duties under § 521(a)(1), (3) and (4)?
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Court
:
- 11 U.S.C.
United States (IRS) v. Associated Cmty. Servs. (In re Associated Cmty. Servs.)
Mar
17
2016
Ruling
Complaint by IRS stricken and sealed due to potentially untrue statements regarding debtor.
Issue(s)
Should the government's complaint in proceeding to revoke discharge making purportedly scandalous and defamatory allegations against a law firm that acted as special counsel for the chapter 11 debtor be stricken and sealed?
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Court
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Nagel Precision Inc. v. RnD Eng'g, LLC (In re RnD Eng'g, LLC)
Mar
01
2016
Ruling
Debt was nondischargeable for fraud and breach of fiduciary duty due to company’s diversionof business to itself. (Bankr. E.D. Mich.)
Issue(s)
Was debt owed to corporation nondischargeable due to breach of fiduciary duty?
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Court
:
- 11 U.S.C.
In re Smith
Sep
14
2015
Ruling
Trustee's attorneys not entitled to recover fees for services that were required to be performed by the trustee.
Issue(s)
Should attorneys' fees of the chapter 7 trustee be allowed over the objection of the largest creditor?
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Court
:
Apartments at Cambridge Co. L.L.C. v. Lewiston (In re Lewiston)
Sep
10
2015
Ruling
Objections to discharge overruled absent evidence of concealment of assets.
Issue(s)
Should debtor whose case was filled with acrimonious litigation be denied a discharge due to alleged concealment of assets?
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Court
:
- 11 U.S.C.
Kohut v. Lewiston Living Trust (In re Lewiston)
Jun
24
2015
Ruling
Debtor's beneficial interest in trust with spendthrift provision that was unenforceable under state law was property of the estate.
Issue(s)
Was interest of a chapter 7 debtor in a trust that included a spendthrift provision property of the estate that could be administered by the chapter 7 trustee?
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Court
:
- 11 U.S.C.
Kohut v. Wayne Cnty. Treasurer (In re Lewiston)
Apr
09
2015
Ruling
Sovereign immunity did not apply to prevent avoidance of transfers to county.
Issue(s)
Was county protected from avoidance of tax and fee payments as fraudulent transfers by the doctrine of sovereign immunity?
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Court
:
- 11 U.S.C.
Lewis v. Casab (In re Casab)
Jan
21
2015
Ruling
Discharge denied due to debtor's contempt of court.
Issue(s)
Should debtor's discharge be denied due to being held in contempt of the bankruptcy court's discovery order?
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Court
:
- 11 U.S.C.
Lewis v. Casab (In re Casab)
Jan
21
2015
Ruling
Discharge denied due to debtor's contempt of court.
Issue(s)
Should debtor's discharge be denied due to being held in contempt of the bankruptcy court's discovery order?
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Court
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