- 11 U.S.C.
In re Barnes
Mar
21
2013
Ruling
Debtor allowed to reopen case to allow for adversary proceeding to determine if debts of omitted creditors were or were not nondischargeable.
Procedural posture
Debtor filed a chapter 7 bankruptcy case. The chapter 7 trustee filed a report of no distribution. The trustee's report was approved without objection. The debtor filed an ex parte motion to reopen her chapter 7 case for the purpose of amending the schedules in order to list previously omitted creditors.
ABI Membership is required to access the full summary of In re Barnes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bensi v. Eshelman (In re Eshelman)
Mar
19
2013
Ruling
Debts for unpaid employer contributions and withdrawal liability was dischargeable as debtor was not a fiduciary and did not exercise control over plan assets.
Procedural posture
Plaintiff union trust funds filed a complaint challenging defendant debtor's right to discharge a debt arising from unpaid employer contributions and a withdrawal liability in connection with his sole proprietorship's participation as an employer in the trust funds under the Employee Retirement Income Security Act (ERISA) of 1974. The trust funds contended that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (a)(6).
ABI Membership is required to access the full summary of Bensi v. Eshelman (In re Eshelman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Zygarewicz v. Educational Credit Mgmt. Corp. (In re Zygarewicz)
Jan
15
2010
Ruling
Motion for undue hardship discharge of student loan debt denied where incapacitating accident occurred postdischarge.
Procedural posture
Plaintiff chapter 7 debtor filed a complaint against defendant creditor seeking a determination that her student loans were discharged in bankruptcy. The debtor alleged that she overcame the presumption in 11 U.S.C.S. § 523(a)(8) that the loans were nondischargeable because repayment would be an undue hardship.
ABI Membership is required to access the full summary of Zygarewicz v. Educational Credit Mgmt. Corp. (In re Zygarewicz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Mora
Sep
04
2009
Ruling
Confirmation denied due to over-withholding of taxes and payments to debtor's adult son which resulted in contribution of less than full disposable income to plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a plan for repaying their creditors. A trustee who was appointed to administer the debtors' bankruptcy estate filed an objection to confirmation of the debtors' plan, claiming that it could not be confirmed under 11 U.S.C.S. § 1325(b) because it did not require the debtors pay all their projected disposable income to the trustee to repay debts they owed to unsecured creditors.
ABI Membership is required to access the full summary of In re Mora Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re City of Vallejo
Mar
02
2009
Ruling
Stay in municipal case applied to firefighters' union's safety grievance where hearing on rejection of collective bargaining agreement was pending.
Procedural posture
A firefighters union moved for a declaration that the automatic stay in the city's chapter 9 bankruptcy case did not prevent the union from pursuing a safety grievance against the city for its unilateral reduction in staffing levels, allegedly in violation of a collective bargaining agreement (CBA).
ABI Membership is required to access the full summary of In re City of Vallejo 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 OccMeds Billing Servs.
Jan
11
2008
Ruling
LLC's continued "sweeps" of debtor's receivables account were willful violations of stay.
Procedural posture
Debtor medical billing service moved for an order holding a limited liability company (LLC) in civil contempt of court based on the LLC's continued "sweeps" from a bank account into which the debtor was depositing payments on its account receivables, which receivables secured advances made to it by the LLC. At issue was whether such conduct violated the automatic stay imposed by 11 U.S.C. § 362 and if so, what remedy was properly awarded.
ABI Membership is required to access the full summary of In re OccMeds Billing Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re OccMeds Billing Servs.
Dec
01
2007
Ruling
Debtor could not use cash collateral to ease cash flow problem where creditor's interest could not be adequately protected.
Procedural posture
A bankruptcy debtor in possession, a medical billing company, modified its business model to ease cash flow problems by ceasing to make advance payments to clients in anticipation of insurance proceeds, and by collecting amounts due from insurers or patients only as an agent for the clients. The debtor moved pursuant to 11 U.S.C. § 363(c) to use the cash collateral of a secured creditor.
ABI Membership is required to access the full summary of In re OccMeds Billing Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Large Scale Biology Corp.
Nov
14
2007
Ruling
Free and clear auction of patents and patent applications approved.
Procedural posture
Chapter 11 debtor filed a motion to approve an auction process and the sale and assignment of certain patents and patent applications pursuant to 11 U.S.C. § 363(f) free and clear of all liens, claims, interests, and other encumbrances.
ABI Membership is required to access the full summary of In re Large Scale Biology Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McGranahan v. Dillard (In re Dillard)
Oct
30
2007
Ruling
Return of one-half interest in property to former spouse after temporary transfer to debtor for refinancing pursuant to divorce decree was not avoidable.
Procedural posture
Plaintiff chapter 7 trustee sought to avoid the transfer of a one-half joint tenancy interest in real property by the debtor to defendant transferee, the debtor's former spouse, pursuant to Cal. Civ. Code § 3439.05, 11 U.S.C. § 548(a)(1)(B), 11 U.S.C. § 547.
ABI Membership is required to access the full summary of McGranahan v. Dillard (In re Dillard) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Gibson
Nov
27
2006
Ruling
Real estate agent did not qualify as family farmer and chapter 12 peition was dismissed for bad faith.
Procedural posture
Creditor, the seller of certain real property to the chapter 12 debtor, moved the court to terminate the automatic stay on the ground that debtor had commenced the chapter 12 case in bad faith, and that creditor was entitled to complete its foreclosure on the real property.
ABI Membership is required to access the full summary of In re Gibson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: