Haley v. Barclays Bank Del. (In re Carter)
Mar
03
2014
Ruling
Preference period payments were not avoidable as made in the ordinary course of business and in exchange for new value.
Issue(s)
Were debtors' preference period payments on credit card account avoidable or subject to ordinary course of business and contemporaneous exchanges for new value defenses?
ABI Membership is required to access the full summary of Haley v. Barclays Bank Del. (In re Carter) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Zizza v. Pappalardo (In re Zizza)
Oct
18
2013
Ruling
Case converted to chapter 7 due to failure to disclose two personal injury lawsuits.
Issue(s)
Did bankruptcy court properly convert debtor's chapter 13 case to chapter 7 based on failure to disclose two personal injury actions.
ABI Membership is required to access the full summary of Zizza v. Pappalardo (In re Zizza) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Bullard v. Hyde Park Sav. Bank (In re Bullard)
May
24
2013
Ruling
Confirmation denied as debtor could not reduce secured claim and also pay the claim outside of plan term.
Procedural posture
Chapter 13 debtor appealed the order of the United States Bankruptcy Court for the District of Massachusetts that denied confirmation of his third amended chapter 13 plan. Appellee creditor held a mortgage on the debtor's residential real estate as security for repayment of a promissory note. The plan proposed to bifurcate the creditor's secured claim under 11 U.S.C.S. § 506(a).
ABI Membership is required to access the full summary of Bullard v. Hyde Park Sav. Bank (In re Bullard) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Traverse v. Traverse
Feb
04
2013
Ruling
Trustee properly exercised strong arm powers to avoid mortgage line and preserve it for the benefit of the estate.
Procedural posture
Debtor challenged an order from the United States Bankruptcy Court for the District of Massachusetts that granted summary judgment in favor of chapter 7 trustee in the debtor's counterclaim seeking to limit the scope of the trustee's ability to sell her home.
ABI Membership is required to access the full summary of Traverse v. Traverse Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Schayes
Dec
04
2012
Ruling
Debtors' home, purchased for investment but used as pre- and postpetition residence was their primary residence.
Procedural posture
Chapter 11 debtors filed a motion for summary judgment on their claim that their home did not qualify as their principal residence for purposes of 11 U.S.C.S. § 1123(b)(5). A secured lender filed a response.
ABI Membership is required to access the full summary of In re Schayes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gonsalves v. Belice (In re Belice)
Oct
15
2012
Ruling
Dismissal of creditor's nondischargeability proceeding reversed and remanded due to bankruptcy court's broadening of scope of consideration on original remand.
Procedural posture
Appellant, a pro se creditor, challenged: (1) the order granting the motion of appellee debtor to dismiss the creditor's adversary complaint; and (2) the order denying the creditors's motion for relief from judgment. The appeal was from the U.S. Bankruptcy Court for the District of Massachusetts.
ABI Membership is required to access the full summary of Gonsalves v. Belice (In re Belice) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Paradis
Sep
10
2012
Ruling
IRS claim for taxes assessed more than three years before petition date could be treated as unsecured in plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and the Internal Revenue Service ("IRS") filed a secured claim and an unsecured claim against the debtors' bankruptcy estate. The debtors filed an objection to the IRS's unsecured claim and asked the court to confirm a plan they proposed that did not give the IRS's unsecured claim priority status. The parties submitted the issue on a stipulated record.
ABI Membership is required to access the full summary of In re Paradis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re BataaKierland LLC
Sep
04
2012
Ruling
Motion to designate impaired creditor's acceptance of plan for bad faith denied.
Procedural posture
Movant secured creditor, a lender, sought to "designate," that is, to disqualify another secured creditor's acceptance of the plan of reorganization, pursuant to 11 U.S.C.S. § 1126(e), alleging that the acceptance was not made in good faith. Debtor owned a single real estate asset. The creditor's apparent motive in approving the plan under 11 U.S.C.S. § 1129(a)(10), was to see the debtor succeed in its reorganization.
ABI Membership is required to access the full summary of In re BataaKierland LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Cadel Co. v. Andersen (In re Andersen)
Aug
17
2012
Ruling
Bankruptcy court properly dismissed proceeding to revoke discharge that was filed after relevant deadline.
Procedural posture
Creditor challenged a decision of the United States Bankruptcy Court for the District of Massachusetts, which dismissed its complaint to revoke the chapter 7 discharge of appellee debtor pursuant to 11 U.S.C.S. § 727(d)(1) and (3).
ABI Membership is required to access the full summary of Cadel Co. v. Andersen (In re Andersen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Glimcher
May
08
2012
Ruling
Debtor's prepetition lawyers ordered to turn over fees paid by debtor and debtor's companies.
Procedural posture
A bankruptcy trustee who was appointed to administer a chapter 7 debtor's bankruptcy estate filed a motion for an order requiring a law firm the debtor retained before he declared bankruptcy to turn over payments it received from the debtor and companies he owned, claiming that the payments were property of the debtor's bankruptcy estate. The law firm opposed the trustee's motion.
ABI Membership is required to access the full summary of In re Glimcher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: