- 11 U.S.C.
In re Canales
Oct
31
2007
Ruling
Debtor who owned vehicle free and clear was not entitled to transportation ownership deduction.
Procedural posture
The U.S. Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b)(1).
ABI Membership is required to access the full summary of In re Canales Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Goldstein
Jul
02
2007
Ruling
Employment of divorce counsel for each debtor spouse approved as in best interests of debtors'estates.
Procedural posture
Chapter 11 debtors filed a joint motion to employ, pursuant to 11 U.S.C. § 327(e), their respective divorce counsel to perform legal services in relation to their marital dissolution proceeding pending in state court.
ABI Membership is required to access the full summary of In re Goldstein Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Bourage
May
22
2007
Ruling
Debtor could not reopen case to file Official Form 23.
Procedural posture
Debtor filed a Motion for Order to Reopen Case to Allow for the Filing of the Financial Management Course Certificate, for Approval of Reaffirmation.
ABI Membership is required to access the full summary of In re Bourage Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Perrine
Apr
13
2007
Ruling
Debtor's attorney ordered to disgorge undisclosed fees received within one year of petition date in contemplation or in connection with bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling attorneys for debtor to disgorge undisclosed fees received by them within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case. Debtor's attorneys objected to the disgorgement of fees.
ABI Membership is required to access the full summary of In re Perrine 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 Duncan & Forbes Dev. Inc.
Apr
06
2007
Ruling
Prepetition transfer of property subject to delinquent loan from debtor's principal to debtor was not part of a scheme to hinder and delay creditor.
Procedural posture
A creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(d)(4), alleging that a transfer of real property from a principal of a corporate bankruptcy debtor to the debtor constituted a scheme to hinder, delay, and defraud the creditor which was secured by the property.
ABI Membership is required to access the full summary of In re Duncan & Forbes Dev. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Perrine
Mar
23
2007
Ruling
Debtor's attorneys ordered to turn over property transferred by debtor in contemplation of bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling debtor's two attorneys and their law firm to disgorge undisclosed fees received within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case.
ABI Membership is required to access the full summary of In re Perrine 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 Consolidated Freightways Corp.
Feb
23
2007
Ruling
Retirees' claims for medical expenses not reimbursed from employee benefit plans terminated by debtor employer were entitled to priority status.
Procedural posture
Claimant retirees from bankruptcy debtors filed proofs of claim for medical expenses which were not reimbursed from the debtors'employee benefit plans, which were terminated prepetition by the debtors. The retirees sought allowance of their claims as priority unsecured claims under 11 U.S.C. § 507(a)(5), a trustee of a creditors'trust objected to the priority of the claims.
ABI Membership is required to access the full summary of In re Consolidated Freightways Corp. 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 Lasky
Feb
22
2007
Ruling
State procedural requirements are not incorporated into bankruptcy claims process and could not render debt unenforceable.
Procedural posture
Chapter 7 debtors objected to certain proofs of claims filed by general unsecured creditors. Debtors argued that the claims at issue should be disallowed under the "applicable law" language of 11 U.S.C. § 502(b)(1). The "applicable law" relied upon was Cal. Code Civ. Proc. § 454 and the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. §§ 1692, 1692a-1692p.
ABI Membership is required to access the full summary of In re Lasky Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
United States v. Mitchell
Feb
06
2007
Ruling
Conviction for fraudulent concealment reversed where only prepetition income had been concealed.
Procedural posture
Defendant appealed his conviction for fraudulent concealment of estate property in his bankruptcy case in violation of 18 U.S.C. § 152(1) from the District Court for the Northern District of Iowa. He also appealed the district court's denial of his motion to dismiss from the indictment the charge of submitting a false declaration in a bankruptcy petition in violation of section 152(3).
ABI Membership is required to access the full summary of United States v. Mitchell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- 11 U.S.C.
In re Mitchell
Dec
05
2006
Ruling
Case dismissed with prejudiceand 180-day filing bar due to debtor's willful and intentional abusive and fraudulent credit usage prior to filing.
Procedural posture
The United States Trustee filed a motion to dismiss debtor's chapter 7 case with prejudice pursuant to 11 U.S.C. § 707(b)(3)(A) and contingent motion to extend bar date for filing complaint under 11 U.S.C. § 727 objecting to debtor's discharge (the Motion).
ABI Membership is required to access the full summary of In re Mitchell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: