- 28 U.S.C.
Contegra Constr. Co. LLC v. Sutpen (In re Advance Iron Works Inc.)
May
22
2013
Ruling
Debtor could not utilize removal process to bring state court litigation before bankruptcy court.
Procedural posture
Creditor filed an adversary proceeding against the corporate debtor's officer and majority shareholder. The debtor removed the case to the court and filed a motion to transfer the case to the home court. Plaintiff filed a motion to remand.
ABI Membership is required to access the full summary of Contegra Constr. Co. LLC v. Sutpen (In re Advance Iron Works Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bruegge v. Farmers State Bank of Hoffman (In re Klasi Props. LLC)
Jan
18
2013
Ruling
Trustee could not avoid mortgage with terms that provided sufficient notice of bank's interest.
Procedural posture
Plaintiff chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 544(a)(3) and § 11 (765 ILCS 5/11) of the Illinois Conveyances Act seeking to avoid defendant bank's mortgage. The complaint alleged that the mortgage was insufficient pursuant to Illinois law to provide constructive notice to a bona fide purchaser of the bank's interest and, therefore, could be avoided. Before the court were the parties' cross-motions for summary judgment.
ABI Membership is required to access the full summary of Bruegge v. Farmers State Bank of Hoffman (In re Klasi Props. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Nordike
Jan
04
2013
Ruling
Order modified to remove provisions for abandonment of property where original motion was not served on all creditors.
Procedural posture
Chapter 7 trustee and an unsecured creditor of the debtor filed a motion to modify a court order to remove any provisions of the order purporting to abandon certain real property from the bankruptcy estate pursuant to 11 U.S.C.S. § 554.
ABI Membership is required to access the full summary of In re Nordike Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Ross
Nov
26
2012
Ruling
Waiver of filing fee granted based on debtor's net income.
Procedural posture
A chapter 7 trustee objected to the debtor's application for a waiver of the filing fee under Fed. R. Bankr. P. 1006(c) and 28 U.S.C.S. § 1930(f).
ABI Membership is required to access the full summary of In re Ross Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Muniz v. Bozorgzadeh (In re Bozorgzadeh)
Jul
10
2012
Ruling
State court judgment under Uniform Fraudulent Transfer Act was sufficient basis for finding of nondischargeability.
Procedural posture
Creditor moved for summary judgment on his amended complaint brought against defendant debtors pursuant to 11 U.S.C.S. § 523(a)(2)(A) (Count I) and 11 U.S.C.S. § 523(a)(6) (Count II).
ABI Membership is required to access the full summary of Muniz v. Bozorgzadeh (In re Bozorgzadeh) 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 Hurtte
Feb
21
2012
Ruling
Trustee's objection to modified plan overruled due to failure to object to original plan on same basis.
Procedural posture
Before the court was the chapter 13 trustee's First Amended Objection to debtors' Amended Plan #2. The Trustee objected that Amended Plan #2 was filed in bad faith.
ABI Membership is required to access the full summary of In re Hurtte Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Scott
Aug
09
2011
Ruling
Debtors could deduct full IRS transportation expense even though actual vehicle payments were less.
Procedural posture
Chapter 13 trustee objected to confirmation of the plans offered by debtors in three cases, claiming that the debtors were not paying all of their projected disposable income to unsecured creditors under the proposed plans, as required by 11 U.S.C.S. § 1325(b).
ABI Membership is required to access the full summary of In re Scott Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Eagle v. Big Muddy River Correctional CenterIllinois Dept of Corrections (In re Eagle)
Jun
16
2011
Ruling
Correctional institution did not violate stay in its handling of debtor inmate's trust account.
Procedural posture
Plaintiff chapter 7 debtor, an inmate at defendant, correctional facility, alleged violations of the automatic stay, 11 U.S.C.S. § 362(a) and the discharge injunction of 11 U.S.C.S. § 524(a)(2), in its handling of his inmate's trust account. The facility moved for summary judgment on the debtor's claims.
ABI Membership is required to access the full summary of Eagle v. Big Muddy River Correctional CenterIllinois Dept of Corrections (In re Eagle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Buddha Air Ltd. V. Zietlow (In re Zietlow)
Jun
14
2011
Ruling
Debt was dischargeable absent evidence of knowingly false representations intended to deceive creditor.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud in failing to deliver aircraft starter generators for which the creditor paid the debtor's business.
ABI Membership is required to access the full summary of Buddha Air Ltd. V. Zietlow (In re Zietlow) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Herrin Clinic Ltd.
May
06
2011
Ruling
Debtors' attorneys' interim fees allowed with reduction for unopposed motions, excessive time charges and travel that did not benefit estate.
Procedural posture
Counsel of record for debtors in a bankruptcy case filed an amended application seeking interim attorney fees and reimbursement of expenses for a certain time period.
ABI Membership is required to access the full summary of In re Herrin Clinic Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: