- 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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Court
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In re Gentry
Nov
22
2006
Ruling
Creditor whose collateral was surrendered in full satisfaction of debt was not entitled to protection of 1325(a) "hanging paragraph."
Procedural posture
Creditor objected to the confirmation of chapter 13 debtors'plan.
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Court
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In re Kitts
Nov
16
2006
Ruling
Trustee's objection to unsecured claim sustained where plan provided for surrender of debtor's car in full satisfaction of debt.
Procedural posture
Debtors'filed for chapter 13 bankruptcy relief. The bankruptcy trustee filed an objection to a proof of claim filed by a creditor.
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Court
:
- 11 U.S.C.
Gable v. Olson (In re Olson)
Nov
14
2006
Ruling
Debt owed pursuant to dissolution of partnership was dischargeable absent proof of willful or malicious intent.
Procedural posture
Acting on her own behalf and on behalf of a dissolved Tennessee partnership, plaintiff partner filed an adversary proceeding complaint against defendant chapter 7 debtor seeking to determine the dischargeability of debts owed to the partner, arising from the partnership. The partner contended that the debts were not dischargeable under 11 U.S.C. § 523(a)(6). The court issued a legal memorandum detailing its findings and decision.
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Court
:
- 11 U.S.C.
In re Shepherd
Nov
03
2006
Ruling
Mobile home qualified as "debtor's principal residence" so that anti-modification provisions applied.
Procedural posture
Creditor objected to the confirmation of chapter 13 debtor's plan.
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Court
:
- 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
:
- 11 U.S.C.
Suh v. Davis (In re Lee)
Oct
31
2006
Ruling
Solvent third parties did not have standing to raise issue of stay violations.
Procedural posture
Plaintiff creditor filed a complaint to enforce a judicial lien against defendants, a purchaser and a lien holder. Defendants removed the complaint and filed a motion for summary judgment.
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Court
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In re Bayless
Oct
18
2006
Ruling
Creditor's secured claim could not be bifurcated into secured and unsecured portions upon debtor's surrender of vehicle.
Procedural posture
The debtors filed a motion to confirm their chapter 13 plan. The creditor which financed the debtors'vehicle filed an objection, arguing, in part, that the debtors were required to provide for the deficiency. The issue was whether 11 U.S.C. § 1325(a)(5) (2005) allowed the debtors to surrender a vehicle in full satisfaction of the debt.
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Court
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G.E. Cattle Co. v. United Producres Inc. (In re United Producers Inc.)
Oct
06
2006
Ruling
Appeal of plan confirmation dismissed as moot due to substantial consummation.
Procedural posture
Appellants, holders of prepetition judgments against one of appellee debtors for fraud, breach of contract, conversion, and Packers and Stockyards Act violations, objected to debtors'amended plan. They challenged the Bankruptcy Court for the Southern District of Ohio's orders finding that the plan met all the confirmation standards, and confirming the plan. Debtors moved to dismiss the appeal as equitably moot.
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- 11 U.S.C.
In re Jarvis
Sep
29
2006
Ruling
Bankruptcy petition preparer sanctioned for failure to comply with signature requirements and for failing to file compensation disclosure statement.
Procedural posture
The United States Trustee filed a motion seeking to impose fines on a bankruptcy petition preparer in a chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. § 110(l)(1) and (2)(d). The Trustee also sought forfeiture of the preparer's compensation pursuant to section 110(h). The preparer did not appear or respond to the Trustee's motion.
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Court
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