Sims v. Roggasch (In re Roggasch)
Jun
12
2013
Ruling
Debtor's transfer of 90 percent of stock in a corporation within one year of petition date was made with the intent to defraud and was grounds for denial of discharge.
Procedural posture
Plaintiff creditors filed a complaint against defendant chapter 7 debtor seeking to have a debt declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2) and (a)(6). At the conclusion of the creditors' case in chief, the court granted the debtor's motion for judgment as a matter of law as to the § 727(a)(6) allegation.
ABI Membership is required to access the full summary of Sims v. Roggasch (In re Roggasch) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Young v. Young (In re Young)
Jun
10
2013
Ruling
Debtor's former spouse violated stay by pursing contempt order based on domestic support obligation in state court.
Procedural posture
Debtor brought an adversary proceeding against former spouse of the debtor alleging that the spouse willfully violated the automatic bankruptcy stay by pursuing state-court proceedings to hold the debtor in contempt for failing to pay a pre-petition judgment for attorney fees and restitution and failing to pay post-petition alimony.
ABI Membership is required to access the full summary of Young v. Young (In re Young) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Gaddy
Jun
07
2013
Ruling
Debtor could not avoid lien that did not impair any homestead exemption in property.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed a homestead exemption in a house she owned. A bank that obtained judgments in state court against the debtor and two trusts she managed filed an objection to the debtor's claim and moved for relief from the automatic stay and an order requiring the chapter 7 trustee to abandon the property. The debtor filed a motion to avoid the bank's lien.
ABI Membership is required to access the full summary of In re Gaddy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States v. Pipkin (In re Pipkin)
May
24
2013
Ruling
Debt for overpayment of social security benefits was nondischargeable.
Procedural posture
United States brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the government for overpayment of social security disability benefits was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud in failing to report the debtor's employment and earnings.
ABI Membership is required to access the full summary of United States v. Pipkin (In re Pipkin) 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 ONeal
Apr
12
2013
Ruling
Confirmation denied due to impossibility and lack of specificity or good faith.
Procedural posture
The Arkansas Development Finance Authority (ADFA) objected to confirmation of the debtors second amended chapter 11 plan of reorganization on the grounds that the plan did not comply with the requirements of 11 U.S.C.S. §§ 1122 and 1129(a). It also argued that the plan violated the absolute priority rule in 11 U.S.C.S. § 1129(b)(2)(B)(ii).
ABI Membership is required to access the full summary of In re ONeal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Arkansas Dev. Fin. Auth. v. Rice (In re Yarnells Ice Cream Co.)
Feb
05
2013
Ruling
Trustee with constructive notice of deed could not avoid mortgage.
Procedural posture
The Arkansas Development Finance Authority (ADFA), an agency of the State of Arkansas, filed this adversary proceeding against the chapter 7 trustee, seeking turnover of property pursuant to 11 U.S.C.S. § 542. The Trustee filed an answer to the complaint and also filed a counterclaim against ADFA. Before the court was the ADFA's motion for summary judgment. Also before the court was the Trustee's motion for summary judgment.
ABI Membership is required to access the full summary of Arkansas Dev. Fin. Auth. v. Rice (In re Yarnells Ice Cream Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Price v. Ables (In re Price)
Jan
09
2013
Ruling
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
Procedural posture
After a debtor's chapter 13 case was dismissed, plaintiff, the trustee for the debtor's estate, filed an adversary proceeding pursuant to 11 U.S.C.S. § 1326 for the turnover of property made to chapter 13 trustee by defendants while the case was still pending.
ABI Membership is required to access the full summary of Price v. Ables (In re Price) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Clear Sky Props. LLC v. Roussel (In re Roussel)
Dec
03
2012
Ruling
State court judgment for breach of fiduciary duty was dischargeable due to different state standard, except to the extent for defalcation regarding property.
Procedural posture
Creditors initiated an adversary proceeding to determine the dischargeability of debtor's obligation to creditors that was evidenced by a state court judgment of approximately $446,000. The creditors argued that the judgment debt, along with an attorneys' fees award, should be declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6).
ABI Membership is required to access the full summary of Clear Sky Props. LLC v. Roussel (In re Roussel) 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 White
Nov
06
2012
Ruling
Debtors could not file involuntary proof of claim on behalf of state for postpetition taxes.
Procedural posture
Chapter 13 debtors filed a proposed modification of their plan, a motion for an order of release of the lien of a state, and an involuntary claim on behalf of the state.
ABI Membership is required to access the full summary of In re White 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 Johnson
Oct
10
2012
Ruling
Confirmation denied due to mischaracterization and deficiencies.
Procedural posture
Mortgage creditor filed an objection to chapter 13 debtors' proposed plan, which sought to classify the creditor's claim as unsecured, on the theory that the parties had entered into a contract for deed rather than a secured mortgage. The creditor asserted that debtors had failed to pay taxes on the real property for a number of years.
ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: