- FRBP
In re Thul-Theis
Jun
07
2010
Ruling
Late-filed claim of creditor, guardian ad litem for debtor's minor child, disallowed as untimely given actual notice.
Procedural posture
In a pro se debtor's chapter 13 bankruptcy proceedings, the court made a determination as to whether a creditor's claim was filed untimely under Fed. R. Bankr. P. 3002(c). The creditor was an attorney who acted as a guardian ad litem for the debtor's minor child.
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Court
:
- 11 U.S.C.
In re Grede Foundries Inc.
Jun
01
2010
Ruling
Utilities' claim for value of electricity supplied in 90 days prior to petition date allowed.
Procedural posture
Two utilities filed claims for administrative expenses under 11 U.S.C.S. § 503(b)(9) for the value of electricity supplied to debtor in the 90 days pre-petition. Debtor objected. The utilities moved to strike a reply brief.
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Court
:
- 11 U.S.C.
County of LaCrosse v. Stevens (In re Stevens)
May
17
2010
Ruling
Sum paid by county on behalf of debtors to support child was a nondischargeable domestic support obligation.
Procedural posture
Plaintiff LaCrosse County, Wisconsin, filed an adversary proceeding against defendant chapter 7 debtors, contending that $ 3,993 it paid to a custody team on behalf of one of the debtors was a nondischargeable domestic support obligation under 11 U.S.C.S. § 523(a)(5). The case was tried to the court.
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Court
:
- 11 U.S.C.
In re LaLonde
May
07
2010
Ruling
Confirmation of plan in converted case denied due to insufficient payments to creditors.
Procedural posture
Debtor filed a chapter 7 petition, and when faced with the trustee's action to pursue preference recovery from her daughter and son-in-law, converted to chapter 13. The chapter 13 and chapter 7 trustees each objected to confirmation of the plan she proposed, and the chapter 7 trustee objected to certain claimed exemptions.
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Court
:
In re Dailey
Mar
15
2010
Ruling
Reimbursement payments were not contemporaneous exchanges for new value and were avoidable.
Procedural posture
A trustee filed an adversary proceeding under 11 U.S.C.S. § 547(b) to avoid allegedly preferential transfers made by a chapter 7 debtor to defendant transferee.
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Court
:
In re Calhoun
Jan
22
2010
Ruling
Initial trustee who resigned would be compensated at end of case with successor.
Procedural posture
An initial trustee in a chapter 7 bankruptcy case resigned due to a conflict of interest, and a successor trustee was appointed. The initial trustee applied for compensation pursuant to the statutory formula of 11 U.S.C.S. § 326(a) based on the amount of disbursements made by the initial trustee.
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Court
:
- 11 U.S.C.
In re Egeland
Jan
13
2010
Ruling
Payments held by trustee pending resolution of chapter 13 debtor's dispute with creditor could be paid to creditor following voluntary dismissal of case.
Procedural posture
Chapter 13 debtors voluntarily dismissed their case in August of 2009. The trustee was holding funds pending resolution of a dispute between the debtors and a creditor bank. The creditor moved for disbursement of the funds to it.
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Court
:
- 11 U.S.C.
In re Grede Foundries Inc.
Dec
21
2009
Ruling
Utility commission's actions to report debtor's deficiency to city clerk violated stay.
Procedural posture
The debtor, which operated several foundries, moved to enforce, pursuant to 11 U.S.C.S. § 362, the automatic stay against the creditor utility commission, and to hold the commission in contempt. The commission opposed the motion and filed an adversary proceeding seeking partial summary judgment on the issue of its compliance with § 362.
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Court
:
- 11 U.S.C.
Patel v. Shamrock Floorcovering Servs. (In re Patel)
May
12
2009
Ruling
Debtor president and shareholder of building company committed fiduciary defalcation under state law by failing to pay funds to subcontractor resulting in nondischargeable debt.
Procedural posture
Appellant debtor appealed the judgment of the United States District Court for the Eastern District of Michigan which reversed the bankruptcy court's decision that amounts owned to appellee creditor were dischargeable because 11 U.S.C.S. § 523(a)(4).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Holter v. Resop (In re Holter)
Jan
26
2009
Ruling
Postpetition proceeds of payable-on-death account were not property of the estate.
Procedural posture
Debtor filed an action against chapter 7 trustee to recover amounts that the debtor had given to the trustee, for the estate, that the debtor received postpetition from a payable on death (POD) account that had been held by the debtor's deceased aunt. The debtor sought summary judgment.
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Court
: