In re Fresh Choice LLC
Mar
10
2014
Ruling
Debtor's counsel's failure to disclose that it was not disinterested was grounds for denial of fees and costs.
Issue(s)
Should debtor's counsel's fees be disallowed due to failure of counsel to disclose that it was a creditor of the debtor and not disinterested?
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Court
:
- 11 U.S.C.
Sigerseth v. United States (In re Sigerseth)
Mar
07
2014
Ruling
Taxes evaded by debtor by conduct or failing to file returns were nondischargeable.
Issue(s)
Were debtor's federal tax obligations for specified periods nondischargeable due to evasion?
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Court
:
- 11 U.S.C.
In re Guerra
Feb
11
2014
Ruling
Involuntary case dismissed as one petitioning creditor obtained claim solely in order to file petition and the other's claim was subject to bona fide dispute.
Issue(s)
Were petitioning creditors ineligible to bring involuntary case due to existence of bona fide disputes over claims?
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Court
:
- 11 U.S.C.
Nguyen v. Van Tran (In re Van Tran)
Feb
07
2014
Ruling
Fraud by third party could not be imputed to debtor broker whose only violation of the law was due to inaction.
Issue(s)
Could fraud of agent be imputed to debtor real estate broker in order to establish nondischargeable debt?
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Court
:
- 11 U.S.C.
Diamond v. Pillsbury Winthrop Shaw Pittman LLP (In re Howrey LLP)
Feb
07
2014
Ruling
Trustee could recover unfinished business profits from law firm partners who left on or after firm dissolution.
Issue(s)
May trustee recover under the fraudulent transfer laws profits on law firm unfinished business that was acquired from former partners of who left prior to, as of or after its dissolution?
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Court
:
- 11 U.S.C.
Jackson v. WellSpan Health
Feb
04
2014
Ruling
Debtor's employment discrimination action not barred where failure to disclose the claim in bankruptcy may not have been due to bad faith.
Issue(s)
Should debtor be precluded from pursuing this employment discrimination action due to a failure to disclose the action in her bankruptcy case?
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Court
:
In re OReilly & Collins
Feb
03
2014
Ruling
Stay prevented creditor from pursuing alter ego claims in state court where claims coincided with fraudulent transfer claims in debtor's bankruptcy.
Issue(s)
Did bankruptcy court properly hold that creditor's state court alter ego action against partner in debtor law firm was subject to the automatic stay?
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Court
:
- 11 U.S.C.
In re Van Zandt
Jan
27
2014
Ruling
Relief from stay proper in interests of judicial economy where state court action involved non- debtor co-defendants.
Issue(s)
Did bankruptcy court properly grant relief from stay to allow creditor to pursue state court action short of enforcing any resulting judgment?
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Court
:
- 11 U.S.C.
Rafsanjani v. Malihi (In re Malihi)
Jan
22
2014
Ruling
Debt was nondischargeable due to debtor's embezzlement but not fraud or defalcation.
Issue(s)
Should debt be held nondischargeable on grounds of debtor's fraud, fiduciary defalcation and embezzlement resulting from financial transactions with the creditor.
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Court
:
- 11 U.S.C.
In re Robb
Jan
06
2014
Ruling
Supplemental fee application of debtor's attorney granted despite resulting failure of plan to fund.
Issue(s)
Was debtor's attorney entitled to supplemental fee that would cause the failure of debtor's chapter 13 plan to fund if allowed.
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Court
: