Dewoskin v. Imaging Advantage LLC (In re Visionary Imaging LLC)
May
09
2011
Ruling
Transfer of receivables that transferee had placed in control of debtor could be avoided.
Procedural posture
The matter before the court was the Chapter 7 Trustee's Complaint to Avoid and Recover Transfers. The Trustee moved for summary judgment. Defendant transferee cross-moved for summary judgment.
ABI Membership is required to access the full summary of Dewoskin v. Imaging Advantage LLC (In re Visionary Imaging LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
ContinentalAFA Liquidation Trust v. Human Res. Staffing (In re ContinentalAFA Dispensing Co.)
May
09
2011
Ruling
Payments to temporary staffing agency in ordinary course of business were not avoidable.
Procedural posture
Plaintiff liquidating trust brought an adversary proceeding against defendant, a temporary staffing agency, to avoid and recover preferential transfers in the amount of $103,856 (collectively "Transfers"). The Transfers consisted of payments made by debtors to the agency in the 90-day period proceeding debtors' bankruptcy filing ("Preference Period"). The trust moved for summary judgment. The agency cross-moved for summary judgment.
ABI Membership is required to access the full summary of ContinentalAFA Liquidation Trust v. Human Res. Staffing (In re ContinentalAFA Dispensing Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Cruse v. Brokaw (In re Brokaw)
Apr
11
2011
Ruling
Undisclosed personal injury lawsuit was property of the estate and could not be pursued by debtor.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor seeking to enjoin the debtor from pursuing a personal injury lawsuit which the debtor failed to disclose in her schedule of assets.
ABI Membership is required to access the full summary of Cruse v. Brokaw (In re Brokaw) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mobley v. Sallie Mae Student Loans (In re Mobley)
Nov
02
2010
Ruling
Economic hardship alone was not sufficient basis for discharge of student loan debt.
Procedural posture
Debtor file a motion to discharge her student loan debt pursuant to 11 U.S.C.S. § 523(a)(8). Debtor's motion was treated as an adversary complaint. Defendants were student loan creditors.
ABI Membership is required to access the full summary of Mobley v. Sallie Mae Student Loans (In re Mobley) 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 Spector
Oct
26
2010
Ruling
Valid spendthrift trust was excluded from debtor's estate.
Procedural posture
A Chapter 7 trustee objected to a debtor's claim of an exemption. The debtor argued that her interest in a deferred payment gift annuity agreement was excluded from her bankruptcy estate under 11 U.S.C.S. § 541(c)(2). The trustee objected to the exemption.
ABI Membership is required to access the full summary of In re Spector Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Brenneke v. Fifth Third Bank (In re Brenneke)
Oct
12
2010
Ruling
Second mortgage on debtor's residence could not be treated as unsecured where property was valued at more than amount of first mortgage.
Procedural posture
Chapter 13 debtors filed an adversary proceeding against defendant bank, seeking a determination that a secured claim a bank filed against their bankruptcy estate could be treated as an unsecured claim under 11 U.S.C.S. § 506(a) because it was wholly unsecured. The case was tried to the court.
ABI Membership is required to access the full summary of Brenneke v. Fifth Third Bank (In re Brenneke) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Goins v. Department of Treasury Internal Serv. (In re Goins)
Oct
04
2010
Ruling
Trust fund recovery penalty taxes were nondischargeable.
Procedural posture
The matter before the court was Count II of plaintiff debtor's Complaint to Determine Nature, Validity, Priority and Dischargeability of Debt, and defendant United States' (Department of the Treasury Internal Revenue Service's) Motion to Dismiss and Abstain.
ABI Membership is required to access the full summary of Goins v. Department of Treasury Internal Serv. (In re Goins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Premier Bank v. Koester (In re Koester)
Sep
29
2010
Ruling
Loans guaranteed after debtor made false financial statements was nondischargeable.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a)(2)(B) based on the debtors' false statements of ownership of real property in financial statements which induced the creditor to loan money to the debtors' construction business. The creditor moved for summary judgment.
ABI Membership is required to access the full summary of Premier Bank v. Koester (In re Koester) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bisch v. IRS (In re Bisch)
Sep
29
2010
Ruling
Three-year look back period for exception of income taxes from discharge is triggered on date tax return was last due.
Procedural posture
The matter before the court for decision was plaintiff debtors' Complaint to Obtain Discharge of Back Taxes Due to defendant Internal Revenue Service (IRS). The dispute in this case was whether the debt for debtors' income taxes, interest and penalties for 2005 was dischargeable.
ABI Membership is required to access the full summary of Bisch v. IRS (In re Bisch) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
American Gen. Fin. Servs. v. Johnson (In re Johnson)
Sep
27
2010
Ruling
Debtor's gross overstatement of income on loan application resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed a complaint to Determine Dischargeability of Debt against defendant debtor, asserting that a loan debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
ABI Membership is required to access the full summary of American Gen. Fin. Servs. v. Johnson (In re Johnson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: