- 11 U.S.C.
In re Miglia
Jun
29
2006
Ruling
Court allowed attorney's claim as unsecured since section 362(a)(4) barred attorney from perfecting by possession postpetition.
Procedural posture
An attorney who represented the debtors in a prepetition lawsuit filed a secured claim against the estate. The chapter 7 trustee objected to the claim asserting that the estate could not pay attorney's fees and that the attorney failed to perfect his lien.
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Court
:
- 11 U.S.C.
In re Sherrets
Jun
27
2006
Ruling
Court denied counsel's application for additional compensation.
Procedural posture
Debtors'counsel applied pursuant to 11 U.S.C. § 330 for an additional $1,663 in compensation for additional legal services provided in a chapter 13 case. The trustee objected that the amount requested was excessive.
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Court
:
- 11 U.S.C.
Nelson v. TG Collections (In re Nelson)
Jun
22
2006
Ruling
Student loan debt was deemed nondischargeable since debtor had sufficient monthly income and stable employment to repay loans.
Procedural posture
Plaintiff debtor filed against defendant creditors an adversary complaint seeking a determination that her student loan debt was dischargeable under 11 U.S.C. § 523(a)(8). The matter was tried to the court.
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Court
:
- 11 U.S.C.
Benderson v. Clayton (In re Clayton)
Jun
01
2006
Ruling
Amounts owed for damage to rental property were excepted from discharge since landlord showed debtor had entered into rental agreement with intent to defraud and induce landlord to rent to debtor.
Procedural posture
Plaintiff landlord sued defendant chapter 7 debtor, alleging that the amounts the debtor owed for damage to rental property were excepted from discharge pursuant to 11 U.S.C. § 523(a)(2) because the debtor had entered into a rental agreement with the intent to defraud and induce plaintiff to rent her the property. The court took evidence.
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Court
:
- 11 U.S.C.
DeJong v. Verschuure (In re Verschuure)
May
31
2006
Ruling
Debts were deemed nondischargeable since they were incurred in course of marriage dissolution and debtor was capable of paying obligation.
Procedural posture
Plaintiff, the former spouse of defendant debtor, filed an adversary proceeding against the debtor seeking a determination that certain debts were nondischargeable pursuant to 11 U.S.C. § 523(a)(15). The debtor asserted that the debts were not incurred in the course of a dissolution of marriage.
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Court
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In re Ashby
May
31
2006
Ruling
Trustee was granted authority to pay attorney for services selling debtor's real estate but fee was reduced to account for attorney performing trustee duties.
Procedural posture
In debtor's chapter 7 case, the bankruptcy trustee sought authority to pay liens on auctioned property from the proceeds of the sale, as well as payment of the attorney's fees and expenses from trustee's funds on hand. The creditors objected to payment of contingent fees to the attorney for the trustee. The attorney requested fees based on a one-third contingent fee agreement.
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Court
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Currell v. Paxton (In re Paxton)
May
30
2006
Ruling
Court ruled against creditors seeking denial of discharge since creditors failed to show fraudulent intent or false oath.
Procedural posture
Plaintiffs were creditors of a corporation, which itself filed for relief under chapter 7, and of which defendant debtor was an officer. The creditors filed an adversary proceeding against the debtor seeking a denial of discharge under 11 U.S.C. § 727(a)(4)(A), (a)(4)(C) and (a)(7). The complaint alleged that the debtor entered into an agreement with the corporation's competitor to undermine the corporation.
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Court
:
- 11 U.S.C.
Hanrahan v. Walterman (In re Walterman Implement Inc.)
May
22
2006
Ruling
President and sole shareholder of debtor corporation violated automatic stay by postpetition revoking debtor's subchapter S status since that status was estate property.
Procedural posture
Plaintiff chapter 7 trustee filed an action against defendant, the president and sole shareholder of debtor corporation, pursuant to 11 U.S.C. § 549 alleging that defendant revoked the debtor's subchapter S election in violation of the automatic stay. The trustee moved for summary judgment.
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Court
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Fokkena v. Hippen
Apr
17
2006
Ruling
Discharge was denied due to debtor's material false statements.
Procedural posture
Plaintiff trustee filed an adversary complaint against defendant debtor to deny the debtor's discharge under 11 U.S.C. § 727(a)(2) and (a)(4). The trustee claimed that the debtor attempted to transfer or conceal property and gave a false oath or account.
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Court
:
- 11 U.S.C.
Keller v. Cale (In re Cale)
Mar
28
2006
Ruling
Funeral expenses and court costs related to debtor's and debtor's wife's deceased child were not excepted from discharge under section 523(a)(5).
Procedural posture
Plaintiff ex-wife filed a motion for summary judgment declaring that funeral expenses and court costs were excepted from defendant debtor's discharge in bankruptcy under 11 U.S.C. § 523(a)(5). The debtor sought dismissal of the motion.
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Court
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