- 11 U.S.C.
In re Wayne Engg Corp.
Mar
05
2007
Ruling
Receiver's consultant was not entitled to administrative expense claim for sale of debt in which it did not participate and from which receiver did not benefit.
Procedural posture
Chapter 7 trustee filed objections to the proof of claim of creditor consultant, alleged to be for $282,500, which the consultant was entitled to priority. The trustee argued that the claim, which arose out of a consulting agreement with debtor's prepetition receiver, should be denied.
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Court
:
- 11 U.S.C.
Huisinga v. Greater Quad City Auto Auction (In re Hocken)
Feb
22
2007
Ruling
Trustee could avoid return of vehicle to auction house where it had been purcahsed by debtor.
Procedural posture
Plaintiff, a chapter 7 trustee, filed an action against defendant, an auto auction company (auction), to obtain turnover of proceeds, pursuant to 11 U.S.C. § 550, that the trustee claimed belonged to the estate.
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Court
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In re Vantiger-Witte
Dec
20
2006
Ruling
Debtor who received at least 50% of gross income from farming was an eligible chapter 12 debtor.
Procedural posture
The debtor filed a petition in bankruptcy under chapter 12. The Farm Service Administration ("FSA") filed a renewed motion to dismiss, contending that the debtor was not an eligible debtor under chapter 12.
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Court
:
- 11 U.S.C.
Shodeen v. Petit (In re Burghoff)
Dec
11
2006
Ruling
Attorneys'representation of creditors prior to being retained by trustee regarding the same alleged fraudulent transfer did not present grounds for disqualification.
Procedural posture
Defendant filed a motion to remove counsel for the chapter 7 trustee as disinterested persons under 11 U.S.C. §§ 327(a) and 101(14)(E).
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Court
:
- 28 U.S.C.
Community State Bank v. Lynch Dallas PC (In re Allen)
Nov
28
2006
Ruling
Complaint seeking turnover from non-debtor corporation was not related to bankruptcy.
Procedural posture
Plaintiff creditor filed a complaint against defendants, debtors, their former business corporation, their attorneys and the chapter 7 trustee. The creditor sought turnover of $15,000 which it asserted was collateral pledged by the corporation. The complaint also sought to except the debt from discharge under 11 U.S.C. § 523(a)(6). Defendants moved to dismiss the request for turnover for lack of subject matter jurisdiction.
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Court
:
- 11 U.S.C.
Ahlf v. Ahlf (In re Ahlf)
Nov
16
2006
Ruling
Property award in favor of former spouse was nondischargeable due to debtor's ability to pay.
Procedural posture
Plaintiff, defendant debtor's former spouse, filed an adversary proceeding against the debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(5) or (a)(15). The debts at issue were a $2,500 attorney fee award from the dissolution decree and a $22,500 property award.
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Court
:
- 11 U.S.C.
Fokkena v. Peterson (In re Peterson)
Nov
14
2006
Ruling
Discharge revoked due to numerous omissions and misrepresentations.
Procedural posture
Plaintiff United States Trustee filed a complaint to revoke defendant debtor's discharge under 11 U.S.C. § 727(d)(1) on the grounds that the chapter 7 debtor concealed or transferred estate assets with the intent to hinder, delay, or defraud the trustee and creditors and knowingly and fraudulently made a false oath in his schedules and statement of financial affairs and at the creditors'meeting.
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Court
:
- 11 U.S.C.
Brokaw v. McSorley (In re McSorley)
Oct
18
2006
Ruling
Claim for willful, malicious injuries inflicted by debtor in high school basketball game was nondischargeable.
Procedural posture
Plaintiffs, an individual (creditor) injured by defendant debtor and the parents of that individual, filed an adversary proceeding against the debtor seeking a determination that a debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The creditor's claim stemmed from a personal injury during an altercation that occurred when the creditor and the debtor played on opposing teams during a high school basketball game.
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Court
:
- 11 U.S.C.
In re Donohue
Oct
16
2006
Ruling
Jail room and board costs assesed due to revocation of debtor's probation were excepted from discharge.
Procedural posture
Debtor filed an application for an order to show cause seeking a determination that a county improperly made attempts to collect a debt postdischarge. The county asserted that its claim, based on jail room and board fees, was excepted from discharge under 11 U.S.C. § 523(a)(7). The debtor believed that the debt was discharged and asked that the county be held in contempt for violating the discharge injunction under 11 U.S.C. § 727(b).
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Court
:
- 11 U.S.C.
RMJ Leasing Inc. v. Laughlin (In re Laughlin)
Oct
13
2006
Ruling
Claim was not excepted from discharge on grounds of fraud absent evidence of intent to deceive or creditor reliance.
Procedural posture
Before the court for decision was plaintiff creditor's complaint against defendant debtor seeking a determination of the dischargeability of a portion of its claim, alleging that debtor obtained money from it through fraud in violation of 11 U.S.C. § 523(a)(2).
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Court
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