Skip to main content

Page Banner(Taxonomy)

judge collins

Mayo Clinic v. Halsam (In re Halsam)

Ruling
Debtor’s embezzlement of insurance proceeds owned by clinic resulted in non dischargeabledebt. (Bankr. D. Ariz.)
Issue(s)
Was debt to medical clinic non dischargeable where debtor failed to turn over insurance proceeds covering the bill?

ABI Membership is required to access the full summary of Mayo Clinic v. Halsam (In re Halsam) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 17, 2016 , LexisNexis #0916-014

Fern v. FedLoan Servicing (In re Fern)

Ruling
Unemployed debtor with three children whose situation was unlikely to improve granted anundue hardship discharge of student loan debt. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

ABI Membership is required to access the full summary of Fern v. FedLoan Servicing (In re Fern) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 22, 2016 , LexisNexis #1116-120

In re Keener

Ruling
Junior Lien survived debtor's bankruptcy and attached to sale proceeds.
Issue(s)
Did a junior lien attach to proceeds of sale of debtor's property?

ABI Membership is required to access the full summary of In re Keener Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 12, 2016 , LexisNexis #0616-083

In re Meinders

Ruling
Confirmation of chapter 12 plan denied due to lack of feasibility.
Issue(s)
Should chapter 12 debtor's plan be confirmed over bank's objection on feasibility grounds?

ABI Membership is required to access the full summary of In re Meinders Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 18, 2016 , LexisNexis #0516-061

Peoples Sav. Bank v. Pitz (In re Pitz)

Ruling
Cash out and transfer of proceeds of crops in which creditor had a security interest was a basis for nondischargeability on grounds of embezzlement or larceny.
Issue(s)
Was debt nondischargeable due to larceny or embezzlement based on debtor's cash out and transfer of proceeds of crops in which creditor had a security interest?

ABI Membership is required to access the full summary of Peoples Sav. Bank v. Pitz (In re Pitz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 13, 2016 , LexisNexis #0516-086

In re Gourley

Ruling
Chapter 7 case dismissed for abuse due to debtors' overspending and ability to fund chapter 13 plan.
Issue(s)
Did the totality of the circumstances demonstrate that a discharge in debtor's case would be an abuse of chapter 7

ABI Membership is required to access the full summary of In re Gourley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 04, 2016 , LexisNexis #0416-129

In re Keeley & Grabanski Land Pship

Ruling
Fees of attorney appointed by trustee to handle debtor's lawsuit allowed with reductions for work conducted prior to appointment and clerical work.
Issue(s)
Was attorney retained by trustee to handle state court litigation entitled to an award of interim fees and costs as an administrative expense claim?

ABI Membership is required to access the full summary of In re Keeley & Grabanski Land Pship Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2016 , LexisNexis #0416-109

Cronin Skilton & Skilton v. Fielder (In re Fielder)

Ruling
Denial of discharge denied where debtor had reasonable explanations for any changes or omissions.
Issue(s)
Should debtor's discharge be denied due to omission of certain assets and change in the listed value of other assets with the intent to hinder, delay, or defraud?

ABI Membership is required to access the full summary of Cronin Skilton & Skilton v. Fielder (In re Fielder) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 29, 2016 , LexisNexis #0416-131

In re Nielsen

Ruling
Reaffirmation agreements could not be approved due to failure to rebut presumption of undue hardship.
Issue(s)
Could debtors reaffirm two debts secured by two 2014 Jeep Wranglers?

ABI Membership is required to access the full summary of In re Nielsen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 12, 2016 , LexisNexis #0316-022

James v. Younes (In re Younes)

Ruling
Hold harmless and indemnity provision in divorce decree was nondischargeable but debtor’sdirect obligations to third parties were not. (Bankr. N.D. Iowa)
Issue(s)
Were obligations in divorce decree nondishcargeable?

ABI Membership is required to access the full summary of James v. Younes (In re Younes) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 10, 2016 , LexisNexis #0916-122