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In re Sven

May
04
2006
Ruling
Motion to vacate discharge and extend time to file complaint excepting to discharge was denied since parties had been notified of deadline yet failed to timely file.
Procedural posture

Pursuant to Fed. R. Bankr. P. 9023 and 9024 and 11 U.S.C. § 105(a), movant victims sought to vacate debtor's chapter 7 bankruptcy discharge so that the victims could file dischargeability complaints against the debtor pursuant to 11 U.S.C. § 523(a)(6). The victims also sought to extend the time to file a complaint excepting to discharge.

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opinion summary, case decided on May 04, 2006 , LexisNexis #0606-070
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In re Ayre

Mar
27
2006
Ruling
Two claims of a state department of revenue were disallowed since the debtors'plan had been confirmed and the state entity had not earlier objected to the treatment of its claim under the plan.
Procedural posture

The debtors filed a proceeding under chapter 13 and in their plan the debtors classified an anticipated claim by the Illinois Department of Revenue ("IDOR") as a priority claim. The chapter 13 plan was confirmed. After the confirmation, the IDOR filed three claims in the proceeding, and the trustee objected to two of the claims.

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opinion summary, case decided on March 27, 2006 , LexisNexis #0406-139
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Swartz v. Billingsley (In re Billingsley)

Mar
06
2006
Ruling
Trustee was not allowed to seek turnover of assets from a non-debtor corporation of which the debtor was the sole shareholder.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary complaint for accounting and turnover of funds naming the debtor, the debtor's ex-spouse, and a corporation as defendants. The debtor and his ex-spouse were the sole shareholders of the corporation. The complaint sought a turnover of assets from the corporation. The debtor and the corporation moved for summary judgment.

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opinion summary, case decided on March 06, 2006 , LexisNexis #0506-053
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