- 11 U.S.C.
Torrance v. Qualified Emergency Specialist Inc. (In re Smith)
Apr
03
2007
Ruling
Reporting of debt to credit agency and refusal to remove debt from report did not violate discharge injunction.
Procedural posture
Defendants, a creditor and a collection agency retained by the creditor, moved to dismiss an adversary complaint filed by plaintiff, a chapter 7 debtor who had obtained a discharge, for relief from alleged violations of the discharge injunction in 11 U.S.C. § 524. At issue, inter alia, was whether the reporting of the debt and a subsequent refusal to remove the debt from debtor's credit report violated the injunction.
ABI Membership is required to access the full summary of Torrance v. Qualified Emergency Specialist Inc. (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kolb
Mar
30
2007
Ruling
Confirmation of above-median debtors' plan denied due to insufficient payments to unsecured creditors.
Procedural posture
A chapter 13 matter was before the court on the trustee's objection to confirmation of debtor's proposed plan.
ABI Membership is required to access the full summary of In re Kolb Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ker v. Ker (In re Ker)
Mar
30
2007
Ruling
Attorneys fees awarded to former spouse in support enforcement proceeding were nondischargeable.
Procedural posture
Plaintiff, the ex-wife of a chapter 7 debtor, filed an adversary proceeding by which she asked a judgment that debts arising under a state court divorce decree were non-dischargeable by reason of 11 U.S.C. § 523(a)(5) and (a)(6). The debts included an award for attorney's fees which plaintiff characterized as additional support.
ABI Membership is required to access the full summary of Ker v. Ker (In re Ker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ransier v. American Suzuki Fin. (In re Eccles-Walker)
Mar
28
2007
Ruling
Exception to avoidance of motor vehicle lien did not apply where security interest was not perfected within 20 days of debtor taking possession.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor which financed the bankruptcy debtor's purchase of a vehicle shortly before the debtor filed his bankruptcy petition. The trustee asserted that the creditor's lien was avoidable as a preferential transfer, but the creditor argued that the enabling loan exception under 11 U.S.C. § 547(c)(3) was applicable, and the parties cross-moved for summary judgment.
ABI Membership is required to access the full summary of Ransier v. American Suzuki Fin. (In re Eccles-Walker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Nicole Energy Servs. v. McClathey
Mar
26
2007
Ruling
Adversary proceeding that would not involve substantial decisions under non-bankruptcy law did not call for withdrawal of reference.
Procedural posture
Defendants filed a motion to withdraw the reference of an adversary proceeding from the bankruptcy court.
ABI Membership is required to access the full summary of Nicole Energy Servs. v. McClathey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Graham
Mar
06
2007
Ruling
Married debtors'maintenance of two homes did not establish substantial abuse where one spouse worked out of state and the other could not move out of state pursuant to custody order in divorce decree from prior marriage.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors'case for substantial abuse pursuant to 11 U.S.C. § 707(b)(2)(A) and pursuant to § 707(b)(3) when considering the totality of debtors'financial circumstances.
ABI Membership is required to access the full summary of In re Graham Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Barton
Nov
07
2006
Ruling
County clerk sanctioned for violating stay by attempting to collect interest and costs on taxes paid through chapter 13 plan.
Procedural posture
Pending was debtors'motion seeking sanctions against the County Clerk of Will County, Illinois, for violating the automatic stay of 11 U.S.C. § 362. The motion sought: (1) a declaration that the Clerk's actions violated the stay; (2) an injunction prohibiting a tax sale and any further collection activities; and (3) compensatory damages and attorney fees under section 362(k). The County moved to dismiss the motion for failure to state a claim.
ABI Membership is required to access the full summary of In re Barton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sayler v. Honda of Am. Mfg.
Nov
06
2006
Ruling
Summary judgment granted against chapter 13 debtor in postpetition action for wrongful termination under Family and Medical Leave Act which debtor did not identify in plan.
Procedural posture
Defendant employer moved for summary judgment in plaintiff employee's action alleging that the employer terminated his employment in violation of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601 et seq., and state law.
ABI Membership is required to access the full summary of Sayler v. Honda of Am. Mfg. 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 Beale
Oct
16
2006
Ruling
Creditor was not entitled to administrative expense claim for legal fees incurred in recovery of assets conducted without court approval.
Procedural posture
In an involuntary chapter 7 proceeding, the court denied a motion by the chapter 7 trustee to employ a certain law firm as special counsel. This law firm was creditor's counsel and had investigated debtor's finances prior to the petition date. The creditor incurred substantial legal fees and expenses. The creditor moved for allowance of an administrative expense claim under 11 U.S.C. § 503(b)(3)(B). The U.S. Trustee filed an objection.
ABI Membership is required to access the full summary of In re Beale 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 Murray
Sep
11
2006
Ruling
Although stay was not in effect in debtors'third chapter 13 filing, any action by creditor involving property of the estate was to be brought in bankruptcy court.
Procedural posture
A creditor filed a motion for an order confirming the inapplicability of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(C)(ii). The debtors responded that a creditor action involving the debtors'property was to occur exclusively in bankruptcy court during the pendency of the chapter 13 case.
ABI Membership is required to access the full summary of In re Murray Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: