- 11 U.S.C.
Kyte v. Clifton (In re Clifton)
Jun
07
2011
Ruling
Collateral estoppel applied to state court judgment so that debt was nondischargeable due to debtor's fraudulent misrepresentations.
Procedural posture
Creditor sought a determination that the judgment debt owed to him by debtor, in the amount of $97,767, be deemed nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), (a)(6), and that the doctrine of collateral estoppel should bar relitigation of this issue. The adversary proceeding came before the court on the creditor's Motion for Summary Judgment.
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Court
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- 11 U.S.C.
National Bank of Ark. V. Panther Mt. Land Dev. LLC (In re Panther Mt. Land Dev. LLC)
Apr
15
2011
Ruling
Denial of relief from stay to allow creditor to proceed against debtor developer and its special improvement district affirmed, absent cause.
Procedural posture
Appellant, a secured creditor bank holding mortgages on some of chapter 11 appellee debtor's real property, appealed from an order of the United States Bankruptcy Court for the Eastern District of Arkansas, that denied creditor's motion for relief from the automatic stay, under 11 U.S.C.S. § 362(a)(3). The creditor wished to proceed with a state court foreclosure action against the debtor and its newly formed special improvement districts.
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Court
:
Judge or Jurisdiction information not available
Terry v. Standard Ins. Co. (In re Terry)
Apr
13
2011
Ruling
Insurer's claim for recoupment of disability benefit overpayments was allowed as unsecured.
Procedural posture
On remand from the Bankruptcy Appellate Panel for the Eighth Circuit, the court was ordered to determine whether it would be equitable for defendant insurer to recoup benefit overpayments from the future disability payments of plaintiff, a Chapter 7 debtor.
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Court
:
- 11 U.S.C.
In re Bauer
Mar
25
2011
Ruling
Confirmation denied where debtor reconveyed property that parents had conveyed to debtor without debtor's knowledge.
Procedural posture
A bankruptcy trustee moved to deny confirmation of Chapter 13 bankruptcy debtors' plan because one debtor's transfer of a partial interest in real property to a parent was a fraudulent transfer, and the debtors' plan did not provide for payment of the value of the one debtor's interest to unsecured creditors as required by 11 U.S.C.S. § 1325(a)(4).
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Court
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Lovald v. Hunter (In re Paul)
Mar
07
2011
Ruling
Transfers that were constructively fraudulent under state law could not be avoided absent evidence debtor engaged in transaction for which assets were unreasonably small.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendants, the stepmother and sister of a debtor who declared Chapter 7 bankruptcy, seeking a determination that transfers the debtor made could be avoided under 11 U.S.C.S. § 544(b) because they were fraudulent under Wyo. Stat. Ann. § 34-14-205. The United States Bankruptcy Court for the District of South Dakota found in favor of defendants, and the trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hutchison
Feb
03
2011
Ruling
Plan modification proposing surrender of vehicle approved on condition that debtor pay creditor amount equivalent to missed plan payments.
Procedural posture
A secured creditor objected to the debtor's amended Chapter 13 plan, which sought to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329 to surrender a vehicle after having elected in her confirmed plan to retain the vehicle and pay its value over the course of the plan.
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Court
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Olsen v. JPMorgan Chase Bank (In re Woods)
Jan
25
2011
Ruling
Transfer was avoidable where perfection occurred within preference period.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint against defendant creditor. In Count 1, the trustee sought to avoid a preferential transfer under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment on Count 1.
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:
U.S. Bank Natl Assn v. Spectra Mktg. Sys. (In re Interstate Bakeries Corp.)
Jan
12
2011
Ruling
Debtor's payments to energy company were for antecedent debt and could be recovered for estate as preferential.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendants, an energy company and other parties, seeking recovery, inter alia, of $67,965 in payments that a Chapter 11 debtor's affiliate made to the energy company shortly before the debtor declared bankruptcy. The court held a trial on the energy company's claims that it did not have to repay the money it received because the payments were protected under 11 U.S.C.S. § 547(c)(1) and (c)(2).
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Callaway Bank v. Asbury (In re Asbury)
Jan
06
2011
Ruling
Debt owed by debtor who was business partner with debtor spouse was nondischargeable due to imputation of spouse's fraud.
Procedural posture
Creditor filed a complaint against chapter 7 debtors, a husband and wife, asserting that debt owed by the debtors to the creditor should be declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B), (a)(4) and (a)(6). The court previously found that the husband's debt to the creditor was nondischargeable. The sole remaining issue was whether the wife's debt was also nondischargeable.
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Court
:
- 11 U.S.C.
Kendall v. Able Debt Settlement Inc. (In re Kendall)
Dec
09
2010
Ruling
Bankruptcy court did not err in denying avoidance of service fees for debt adjustment as fraudulent transfers.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary complaint against defendant debt settlement company in which it sought to recover service fees paid by the debtors on the ground that the fees were fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B). The United States Bankruptcy Court for the District of North Dakota entered judgment in favor of defendant. Plaintiff appealed.
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Court
:
Judge or Jurisdiction information not available