- 11 U.S.C.
Fagan v. Collection Div. (In re Fagan)
Feb
14
2012
Ruling
Taxes owed to state pursuant to International Fuel Tax Agreement were excise taxes on transactions and nondischargeable.
Procedural posture
Chapter 7 debtors filed a complaint against Collection Division, State of Michigan Department of Treasury (State), alleging that the international fuel tax owed by the debtor wife to the State was not within the non-dischargeablity exception of 11 U.S.C.S. § 523(a)(1). The State filed a motion to dismiss.
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- 11 U.S.C.
Gold v. Pasternak (In re Harvey Goldman & Co.)
Sep
13
2011
Ruling
Trustee could avoid security interest of living trust in debtor's property.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary proceeding against defendants, two individuals who served as trustees of an irrevocable living trust, seeking a determination, inter alia, that he was entitled under 11 U.S.C.S. § 544 to avoid a security interest the trust held in property that belonged to a corporation's Chapter 7 bankruptcy estate. The Chapter 7 trustee filed a motion for summary judgment.
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Gold v. Rubin (In re Harvey Goldman & Co.)
Aug
24
2011
Ruling
Payment made by debtor more than 90 days prior to petition date to non-insider was not preferential.
Procedural posture
Plaintiff Chapter 7 Trustee filed an adversary action seeking to recover certain payments alleged to have been made by the debtor to defendant as a preferential transfer under 11 U.S.C.S. § 547(b). Defendant filed a motion to dismiss the adversary proceeding as to a $22,000 payment made more than 90 days before the filing of the petition.
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:
- 11 U.S.C.
Simon v. Gerdau MacSteel Inc. (In re American Camshaft Specialties Inc.)
Feb
09
2011
Ruling
Avoidance proceeding failed where facts showed payments were made in the ordinary course of debtor's business.
Procedural posture
Chapter 7 trustee filed this adversary proceeding under 11 U.S.C.S. § 547(b) to avoid preferential transfers alleged to have been made to defendant transferee. The transferee filed two motions for summary judgment based upon affirmative defenses pursuant to § 547(c)(2) (ordinary course of business defense), and § 547(c)(4) (subsequent new value defense) raised in its answer to the complaint.
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In re Senczyszyn
Apr
07
2010
Ruling
Taxes due on return filed prior to petition date were not a postpetition debt.
Procedural posture
This matter was before the court upon an objection filed by the State of Michigan to a proof of claim filed by the debtors for 2008 income taxes owed by the debtors to the State of Michigan in the amount of $ 1,900.
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- FRBP
In re Chubb
Mar
15
2010
Ruling
Proof of claim containing debtor's "personally identifiable information" stricken without prejudice to amended filing.
Procedural posture
The creditor filed a proof of claim in the amount of $ 523.61 with attachments that contained the debtor's name, billing address, service address and a twelve-digit account number. The chapter 13 trustee filed an objection to the proof of claim as violative of Fed. R. Bankr. P. 9037(a) and the Gramm-Leach-Bliley Act, 15 U.S.C.S. § 6801(a).
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Court
:
- 11 U.S.C.
In re Griswold Bldg. LLC
Dec
07
2009
Ruling
Confirmation denied where proposed interest rate was too low, debtor lacked ability to make payments and plan was not "fair and equitable."
Procedural posture
Debtor limited liability companies filed petitions under chapter 11 of the Bankruptcy Code and a combined joint plan for reorganizing their businesses. An administrative agent for two banks that loaned the debtors money opposed confirmation of the debtors' third amended plan.
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Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.)
Sep
01
2009
Ruling
Substantive consolidation of debtors and related corporation denied where separation of the respective assets and liabilities was not impossible.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, bankruptcy debtors, related corporations, and directors of the debtors, alleging inter alia that the directors breached fiduciary duties and that substantive consolidation of the debtors and the corporations was warranted. The directors moved to dismiss the breach of fiduciary duty claim, and the debtors and the corporations moved to dismiss the consolidation claim.
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Morganroth v. Morganroth PLLC v. Stollman (In re Stollman)
Apr
10
2009
Ruling
Fees owed by debtor to divorce lawyer were nondischargeable to extent relating to deliberate breach of agreement.
Procedural posture
Plaintiffs, two law firms and an accounting firm, sought summary judgment on claims that fees owed to them by reason of services rendered to defendant, a chapter 7 debtor, during her prepetition divorce were nondischargeable under 11 U.S.C.S. § 523(a). Plaintiffs also objected to discharge under 11 U.S.C.S. § 727.
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Court
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- 11 U.S.C.
In re Plastech Engineered Prods.
Sep
16
2008
Ruling
Section 502(d) does not apply to disallowance of administrative expenses under 503(b)(9).
Procedural posture
Debtor objected to the 11 U.S.C.S. § 503(b)(9) motions for administrative expenses filed by numerous parties.
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