- 11 U.S.C.
Briggs v. LaBarge (In re McGregory)
Mar
24
2006
Ruling
Bankruptcy court did not err in finding a per se conflict of interest in an attorney representing both a debtor and a bank in the same transaction and in denying the attorney fees.
Procedural posture
Appellant debtor's attorney sought review of a decision of the Bankruptcy Court for the Eastern District of Missouri, which granted the motion of appellee trustee denying the request for attorney fees and directing disgorgement of the fees paid.
ABI Membership is required to access the full summary of Briggs v. LaBarge (In re McGregory) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- 11 U.S.C.
In re Warren
Mar
21
2006
Ruling
Dismissal was not warranted since the debtor completed the required credit counseling on the filing day before filing but needed an extension of time to file the certificate of counseling.
Procedural posture
A bankruptcy debtor obtained credit counseling as required by 11 U.S.C. § 109(h)(1) on the same day, but prior to the time, that the debtor filed his bankruptcy petition, but the debtor was unable to obtain a certificate of credit counseling until several weeks later. The debtor moved to enlarge the time for filing the certificate, and the trustee moved to dismiss the petition.
ABI Membership is required to access the full summary of In re Warren Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Schrandt
Mar
20
2006
Ruling
Debtors failed to overcome the prima facie evidence of the validity of the creditor's claim.
Procedural posture
Bankruptcy debtors'plan was confirmed and the trustee's claims report allowed a creditor's claim secured by the debtors'automobile and the creditor's unsecured claim for the balance of the amount owed which was greater than the value of the vehicle. The debtors objected to allowance of the unsecured portion of the claim, asserting that the creditor agreed to waive the unsecured claim.
ABI Membership is required to access the full summary of In re Schrandt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Fulton
Mar
20
2006
Ruling
Debtor who after filing became financially able to pay creditors was denied a motion to dismiss the debtor's case since there was still risks that creditors would not get paid.
Procedural posture
A bankruptcy debtor asserted that she filed her bankruptcy petition while in mental and emotional turmoil and without adequate information, and that her financial circumstances changed to allow payment to creditors. The debtor moved to dismiss her bankruptcy case under 11 U.S.C. § 707(a) or 305(a)(1), and the trustee objected to dismissal.
ABI Membership is required to access the full summary of In re Fulton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vaske
Mar
20
2006
Ruling
Court denied the creditor's motion for relief from the court's order to reopen a case since the property at issue was exempt under state law and the creditor had not made any prior effort to recover the property.
Procedural posture
The debtors obtained an order reopening their case under chapter 7. The debtors filed a motion to avoid nonpurchase money, nonpossessory liens held by the creditors, for machinery and equipment that the debtors claimed were used in their farming operation. One of the creditors objected to the reopening of the proceeding.
ABI Membership is required to access the full summary of In re Vaske 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 Crowder
Mar
17
2006
Ruling
Attorney was ordered to return half of the fees the debtor paid to the attorney since the fees exceeded the reasonable value of the rendered services.
Procedural posture
In a chapter 13 matter, the court, on its own motion, scheduled a hearing to examine the professional compensation of debtors'former attorney. The matter was pending decision.
ABI Membership is required to access the full summary of In re Crowder 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 Lybrand
Mar
17
2006
Ruling
Objection to plan confirmation was sustained, and the IRS was permitted to set off the debtor's refund against any tax liability, whether dischargeable or nondischargeable in nature.
Procedural posture
The IRS filed a motion to lift the automatic stay to set off a tax refund. The debtors did not object to the motion to lift the automatic stay. The issue was whether the IRS could allocate a prepetition tax refund to offset the prepetition tax liability of its choice.
ABI Membership is required to access the full summary of In re Lybrand 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 Beasley
Mar
16
2006
Ruling
Court ruled that Code section 362(c)(4)(B) for imposing an automatic stay in a subsequent filing applied both to debtors with only one other case within the prior year and those with more than one case.
Procedural posture
The debtor previously filed bankruptcy under chapter 13 on April 25, 2005. That case was dismissed on December 14, 2005. The debtor then filed for bankruptcy again under chapter 13 on January 4, 2006. Before the court was the debtor's motion to impose the automatic stay.
ABI Membership is required to access the full summary of In re Beasley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Chapman v. Fuget (In re Fuget)
Mar
14
2006
Ruling
Court excepted from discharge an amount representing the money and property the debtors acquired from the creditor based on false representations.
Procedural posture
Plaintiff creditor asserted that defendants, debtors, fraudulently acquired over $50,000 in cash, two automobiles, and her home from her. The creditor asked that the debt be determined to be $128,000 and that this amount be excepted from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
ABI Membership is required to access the full summary of Chapman v. Fuget (In re Fuget) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Swartz v. Swartz (In re Swartz)
Mar
13
2006
Ruling
Court denied the debtor's request to discharge an obligation for maintenance that had been entered pursuant to a divorce decree.
Procedural posture
Plaintiff debtor filed an action against defendant former spouse to obtain a determination that a payment order entered in a divorce decree, that was payable to the spouse, was dischargeable. The spouse filed a counterclaim against the debtor to obtain a determination under 11 U.S.C. § 523(a)(15) that the debts assumed by the debtor under the divorce decree were nondischargeable.
ABI Membership is required to access the full summary of Swartz v. Swartz (In re Swartz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: