- 11 U.S.C.
In re Stokes
Oct
08
2010
Ruling
Postpetition real property taxes allowed as administrative expense claim.
Procedural posture
This case was before the court on the Application and Request for Payment of Administrative Expenses filed by the City of Chattanooga, Tennessee, on July 16, 2010. Specifically, the City sought an order directing the payment of certain real property taxes as administrative expenses of the chapter 13 estate pursuant to 11 U.S.C.S. § 503(b)(1)(B)(i). The chapter 13 trustee opposed the Application.
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Court
:
- 11 U.S.C.
Steed v. Morgan (In re Rivas)
Jun
03
2010
Ruling
Ponzi scheme operator's transfers to girlfriend within two years of petition date avoided as intended to defraud creditors.
Procedural posture
Pursuant to 11 U.S.C.S. §§ 548, 549, and 550, plaintiff trustee filed a complaint seeking the avoidance and recovery of alleged fraudulent transfers and an unauthorized postpetition transfer made by the debtor to defendant, the woman with whom the debtor was romantically involved (girlfriend).
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Court
:
- 11 U.S.C.
Farinash v. Bensusan (In re Prebal Jeep Inc.)
Nov
30
2009
Ruling
Transfer that amounted to exchange of reasonably equivalent value was not avoidable.
Procedural posture
This adversary proceeding was initiated by plaintiff chapter 7 Trustee to recover allegedly fraudulent and preferential transfers made by debtor auto dealership to defendant investors. The proceeding was before the court on cross-motions for partial summary judgment.
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Jahn v. United States (In re WinPar Hospitality Chattanooga LLC)
Feb
06
2009
Ruling
Government forfeiture proceeding predicated on postpetition criminal activity did not violate stay.
Procedural posture
Plaintiff trustee filed an action against defendant government, alleging that the government violated the automatic stay of 11 U.S.C.S. § 362 by seeking the forfeiture of estate property. The trustee filed a motion for partial summary judgment, and the government filed a cross- motion for summary judgment and a motion to dismiss.
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Court
:
- 11 U.S.C.
Tennessee Bd. Of Profl Responsibility v. Brooks (In re Brooks)
Apr
28
2008
Ruling
Restitution payable to debtor lawyer's clients rather than government was dischargeable.
Procedural posture
The U.S. District Court for the Eastern District of Tennessee had reversed the court's grant of summary judgment to plaintiff, a state board of professional responsibility, classifying as non-dischargeable, per 11 U.S.C.S. § 523(a)(7), a state court judgment requiring defendant debtor, a lawyer, to make certain restitution. On remand, the main issue was whether the restitutionary payment was to be made to a governmental unit or to former clients.
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Court
:
- FRBP
Southern Heritage Bank v. Judzewitsch (In re Judzewitsch)
Mar
26
2008
Ruling
Dischargeability proceeding not filed before original bar date in transferred case dismissed.
Procedural posture
Defendant debtor filed for relief under chapter 7 of the United States Bankruptcy Code. Plaintiff creditor bank filed an adversary proceeding against the debtor seeking a determination of nondischargeability of an unsecured debt owed by the debtor to the bank. The debtor sought to dismiss the complaint, claiming that it was filed after the time for filing dischargeability complaints had expired.
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Court
:
- 11 U.S.C.
In re Knox
May
23
2007
Ruling
Obligation to pay credit card debt pursuant to divorce decree was not a domestic support obligation and was dischargeable.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for payment of debt arising from one debtor's prior divorce proceedings as general unsecured debt. The debtor's former spouse objected to confirmation of the debtors'plan on the ground that the debt was entitled to priority treatment under 11 U.S.C. § 507(a)(1) as a domestic support obligation.
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Court
:
- 11 U.S.C.
In re Derryberry
Apr
30
2007
Ruling
Case dismissed due to debtor's bad faith filing and inability to propose a confirmable plan.
Procedural posture
Chapter 13 trustee and creditor filed objections to the confirmation of debtor's plan.
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Court
:
- 11 U.S.C.
Jahn v. U.S. Xpress Inc. (In re Transcommunications Inc.)
Dec
04
2006
Ruling
Payments withheld by creditor for debtor's telephone services were not avoidable to the extent they consituted a setoff for overcharges.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, alleging that a lack of payment by the creditor for the debtor's telecommunications services during the 90 days prior to the debtor's bankruptcy petition constituted a setoff which was avoidable by the trustee pursuant to 11 U.S.C. § 553. The bankruptcy court conducted a trial.
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:
- 11 U.S.C.
Demerdjian v. Thompson (In re Thompson)
Nov
01
2006
Ruling
Debtor's failure to disclose problems with state regulatory agency when selling massage school was not a material misrepresentation.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that debt owed to creditor was nondischargeable under 11 U.S.C. § 523(a)(2) or (a)(4).
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Court
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