- 11 U.S.C.
In re Andrews
May
06
2010
Ruling
Discharge denied due to debtors' knowingly and fruadulently made false oaths.
Procedural posture
Creditors filed an adversary proceeding against chapter 7 debtors, seeking an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The court issued an order denying the debtors' discharge but subsequently decided that it made finding of fact that were not supported by the evidence, and it tried the case de novo.
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Court
:
- 11 U.S.C.
In re Radcliffe
Apr
23
2009
Ruling
Fund properly held in violation of stay for declaring intention to withhold debtor's pension benefits until judgment was paid.
Procedural posture
Appellee debtor filed an adversary proceeding complaint against appellant union pension fund, alleging that it violated 11 U.S.C.S. § 362(a)(6), the automatic stay provision. The bankruptcy court entered a judgment in the debtor's favor and awarded him compensatory and punitive damages, interest, and attorney fees. The fund appealed after the District Court for the Northern District of Indiana affirmed that order.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Ingersoll Inc.
Apr
15
2009
Ruling
Bankruptcy court properly enjoined action against chapter 11 debtor's owners for legal fees.
Procedural posture
In response to a motion filed by appellees, the owners of a chapter 11 debtor, a bankruptcy court exercised its power under 11 U.S.C.S. § 105 and enjoined appellant law firm from continuing to litigate claims related to a fee dispute against the owners. The firm appealed after the District Court for the Northern District of Illinois, following a remand to the bankruptcy court, upheld that injunction order.
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Court
:
Judge or Jurisdiction information not available
In re Delta Transitional Home
Jan
26
2009
Ruling
Debtor ordered to modify plan to reflect proper amount of undersecured claim being treated as fully secured.
Procedural posture
A creditor, which elected to have its undersecured claim treated as fully secured pursuant to 11 U.S.C.S. § 1111(b), objected to confirmation of the chapter 11 debtor's plan.
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Court
:
- 11 U.S.C.
In re Booth
Jan
14
2009
Ruling
Plan could not preclude mortgage creditor's postpetition fees but could require application of payments as though loan was current.
Procedural posture
A bankruptcy debtor's chapter 13 plan included provisions which precluded the debtor's mortgage creditor from charging postpetition fees, and required the creditor to apply plan payments by deeming any pre-petition arrearages to be contractually current and notify the debtor and others concerning changes in payment amount. The creditor challenged these plan provisions and objected to confirmation of the plan.
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Court
:
- 11 U.S.C.
Smith v. Cooper (In re Cooper)
Jan
13
2009
Ruling
Motion to deny discharge granted against debtor but not against debtor spouse who was not involved in improper stock transaction.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a judgment that debts the debtors owed were nondischargeable under 11 U.S.C.S. § 523(a), that the debtors should be denied a discharge under 11 U.S.C.S. § 727(a)(2), (a)(3), (a)(4), and (a)(5). A trustee was appointed to represent the bankruptcy estate, and he supported the creditors' objections to discharge under § 727.
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Court
:
In re Frankum
Jan
05
2009
Ruling
Motion for refund of federal income tax levied postdischarge against social security benefits denied.
Procedural posture
Plaintiff debtors moved for a refund, seeking repayment from the bankruptcy estate of a portion of the federal income taxes that the I.R.S. had levied against their social security benefits following the entry of their chapter 7 discharge. The chapter 7 trustee and the creditors opposed the motion.
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Court
:
- 11 U.S.C.
In re West
Nov
10
2008
Ruling
Debtor's attorneys'fees ordered disgorged due to inadequate representation.
Procedural posture
A chapter 13 debtor filed a pro se motion to disgorge fees, requesting that all of her attorney's fees be disgorged pursuant to 11 U.S.C.S. § 105 and § 329, and Fed. R. Bankr. P. 2017.
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Court
:
- 11 U.S.C.
Iberg v. Prewett (In re Iberg)
Oct
16
2008
Ruling
Debtors' failure to schedule a truck was not gounds for denial of discharge.
Procedural posture
Plaintiff property owner filed a complaint against defendant chapter 7 debtors, seeking monetary damages for breach of contract, denial of discharge based on 11 U.S.C.S. § 727(a)(5), a determination of dischargeability pursuant to 11 U.S.C.S. § 523(a)(6).
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Court
:
- 11 U.S.C.
In re Ealy
Aug
11
2008
Ruling
IRS not entitled to relief from stay to setoff debtor's postpetition overpayment and economic stimulus rebate against tax liability.
Procedural posture
After a bankruptcy debtor's chapter 13 plan was confirmed, the Internal Revenue Service (IRS) claimed a right of setoff of the debtor's postpetition tax overpayment and economic stimulus payment against the debtor's tax liability. The IRS moved to modify the automatic bankruptcy stay to permit the setoff.
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Court
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