- 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.
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Court
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In re Ginter
Mar
13
2006
Ruling
Debtor was denied a motion to avoid a creditor's nonpossessory, nonpurchase money security interest since the debtor had stipulated that the creditor had a security interest and since the motion was barred by res judicata.
Procedural posture
Movant debtor sought to avoid a nonpossessory, nonpurchase money security interest that the debtor had with the nonmovant creditor. The creditor argued that the debtor was precluded from avoiding the security interest because the debtor had previously stipulated to relief from the stay and was not estopped from avoiding the security interest at issue.
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Court
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- 11 U.S.C.
In re Wallace
Mar
10
2006
Ruling
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
Procedural posture
Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.
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Court
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Ziemski v. Ziemski (In re Ziemski)
Mar
10
2006
Ruling
Portion of military retirement benefits of the debtor's former spouse was not estate property since the debtor was not entitled to that portion at the time of filing.
Procedural posture
Appellee bankruptcy debtor brought an adversary proceeding against appellant, the former spouse of the debtor, alleging that the spouse improperly received military retirement benefits to which the debtor was entitled. The spouse appealed the order of the Bankruptcy Court for the Eastern District of Arkansas which required the spouse to turn over the benefits to the debtor's estate.
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- 11 U.S.C.
Fliss v. Iowa Dept of Revenue (In re Fliss)
Mar
08
2006
Ruling
Debtors' state income tax liabilities were deemed nondischargeable since the debtor had intentionally omitted embezzled money from the debtors'state tax returns.
Procedural posture
Plaintiff debtor filed a chapter 7 petition. The debtor brought an action against defendant Iowa Department of Revenue ("IDR") to determine that her income tax liabilities to the state of Iowa were discharged. The IDR asked that the unpaid taxes be excepted from discharge because her tax returns were fraudulent and because she willfully attempted to evade or defeat the taxes.
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Court
:
- 11 U.S.C.
Intl Paper Co. v. MCI Worldcom Network Serv.
Mar
06
2006
Ruling
Confirmation of the reorganization plan discharged the prepetition trespass claim, and the court did not recognize a further postpetition claim of trespass.
Procedural posture
Plaintiff paper company sued defendant communications company, alleging state law claims of trespass, slander of title, and unjust enrichment. The District Court for the Western District of Arkansas granted summary in favor of the communications company. The paper company appealed. Presently before the court was the communications company's motion to dismiss the appeal.
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In re Torelli
Feb
28
2006
Ruling
Court denied confirmation of the debtor's chapter 12 plan because it did not propose to pay a bank the present value of the bank's fully secured claim and because the plan was not feasible.
Procedural posture
Debtor filed for bankruptcy protection under chapter 12 and sought confirmation of a chapter 12 plan. Objector secured creditor objected to confirmation of the proposed plan. The court held a confirmation hearing.
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Court
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Dixon v. LaBarge (In re Dixon)
Feb
17
2006
Ruling
Dismissal was affirmed since the debtor failed to show exigent circumstances to warrant granting a waiver of the prefiling credit counseling requirement.
Procedural posture
Appellant bankruptcy debtor filed his bankruptcy petition with a certification that the debtor was unable to obtain debt counseling prior to filing the petition, as required by 11 U.S.C. § 109(h), since a foreclosure sale of his residence was scheduled for the day after the petition was filed. The debtor appealed the order of the Bankruptcy Court for the Eastern District of Missouri which dismissed the debtor's case.
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- 11 U.S.C.
In re Lloyd
Feb
17
2006
Ruling
Debtor was granted motion for redemption regarding valuation of debtor's vehicle so that the redemption value was reduced by the costs of repair to body damage to the vehicle.
Procedural posture
The chapter 7 matter was before the court on debtor's Motion for Redemption Pursuant to 11 U.S.C. § 722 and the creditor's response thereto.
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Court
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- 11 U.S.C.
Estate of Centennial Communs. v. Longtain (In re Centennial Communs.)
Feb
15
2006
Ruling
Court affirmed an order that allowed a creditor's claim for a super-priority administrative expense since the amounts the creditor advanced were shown to be for the estate's benefit.
Procedural posture
Appellant debtor sought review of a decision of the bankruptcy court that denied its motion for reconsideration of an earlier order that allowed a creditor's claim for a super- priority administrative expense and allowed the creditor to share in a pro rata distribution for the remainder of her claim, which included a loan to the debtor or its officers.
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Court
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