- 11 U.S.C.
In re Tuecke
Oct
10
2006
Ruling
Postpetition wage garnishment violated stay, entitling debtor to actual damages, costs, attorneys'fees and punitive damages.
Procedural posture
The debtors filed a motion for sanctions against creditor for alleged violations of the automatic stay pursuant to 11 U.S.C. §§ 362(a)(6) and 362(h). The debtors alleged that the creditor garnished the wife debtor's wages postpetition.
ABI Membership is required to access the full summary of In re Tuecke Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Zirtzman
Oct
04
2006
Ruling
Plan was not confirmable as debtor's income was above median income but proposed applicable commitment period was for three rather thanthe required five years.
Procedural posture
The debtors moved for confirmation of their chapter 13 plan. The unresolved issue for confirmation was whether the plan length was to be for three years, as proposed in the debtors'plan, or for five years, as indicated on Official Bankr. Form B22C and 11 U.S.C. §§ 1322 and 1325.
ABI Membership is required to access the full summary of In re Zirtzman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schnittjer v. Allied Props. & Cas. Ins. Co. (In re Huebbe)
Sep
22
2006
Ruling
Payment of insurance proceeds directly to debtor violated stay where agent's knowledge of filing was imputed to company.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant insurance company to recover an amount paid directly to the debtor in a settlement agreement reached after the debtor had filed for bankruptcy. The trustee alleged that the insurance company's violation of the automatic stay was willful and sought to recover damages and attorneys' fees. The insurance company claimed that it never received notice of the bankruptcy.
ABI Membership is required to access the full summary of Schnittjer v. Allied Props. & Cas. Ins. Co. (In re Huebbe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hanrahan v. Walterman - The Rental Co. (In re Walterman Implement Inc.)
Sep
19
2006
Ruling
Postpetition stock transfer by corporate debtor's owner was avoidable.
Procedural posture
Plaintiff chapter 7 trustee and defendant rental company filed motions for summary judgment on the trustee's claim that the transfer by the debtor's owner of his stock in the debtor to the rental company was void in violation of the automatic stay under 11 U.S.C. § 362 and was a voidable postpetition transfer under 11 U.S.C. § 549.
ABI Membership is required to access the full summary of Hanrahan v. Walterman - The Rental Co. (In re Walterman Implement Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re CRI Inc.
Sep
13
2006
Ruling
Trustee's motion to sell assets free and clear of liens granted over objection of debtor's attorneys.
Procedural posture
The chapter 7 trustee filed a motion to sell assets free and clear of liens, encumbrances and other interests. The trustee proposed to sell the debtor's interest in a wholly-owned subsidiary, including its title to real estate.
ABI Membership is required to access the full summary of In re CRI Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ridgeway v. Ridgeway
Aug
21
2006
Ruling
Non-support property settlement obligations were excepted from discharge where benefit of discharge did not outweigh detriment to former spouse.
Procedural posture
Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
ABI Membership is required to access the full summary of Ridgeway v. Ridgeway Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hardin v. Hardin
Aug
21
2006
Ruling
Debt to former spouse was dischargeable where former spousehad substantial income and assets and debtor was struggling.
Procedural posture
Plaintiff was the former husband of defendant debtor. He filed a complaint seeking a determination that certain debts owed by the debtor were excepted from discharge pursuant to 11 U.S.C. § 523(a)(15). Plaintiff asserted a nondischargeable claim arising from the parties'decree of dissolution.
ABI Membership is required to access the full summary of Hardin v. Hardin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Steil v. Steil
Aug
14
2006
Ruling
Willful breach of lease did not result in nondischargeable debt absent proof of maliciousness.
Procedural posture
Plaintiff filed a complaint seeking to except debt from discharge under 11 U.S.C. § 523(a)(6) based on defendant debtors'conversion of his collateral, inventory in a convenience store leased by the debtors. The debtors denied the disposition of the collateral was willful or malicious.
ABI Membership is required to access the full summary of Steil v. Steil 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 Batzkiel
Aug
07
2006
Ruling
Debtor's petition did not create presumption of abuse where monthly income was below threshold.
Procedural posture
After the debtors filed a chapter 7 bankruptcy petition, the trustee moved to dismiss pursuant to 11 U.S.C. § 707(b)(1).
ABI Membership is required to access the full summary of In re Batzkiel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Schoppe v. Schoppe (In re Schoppe)
Aug
02
2006
Ruling
Debtor's share of marital debt pursuant to divorce decree was excepted from discharge as detriment to former spouse outweighed benefit of discharge to debtor.
Procedural posture
Plaintiff former husband sought a determination that debts owed by defendant debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
ABI Membership is required to access the full summary of Schoppe v. Schoppe (In re Schoppe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: