- 11 U.S.C.
Brooks-Hamilton v. City of Oakland (In re Brooks-Hamilton)
Aug
25
2006
Ruling
Postpetition recording of deeds from debtor to prepetition irrevocable trust was avoidable.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant trustee in bankruptcy, and the trustee filed cross-claims. At issue was whether the debtor effectively transferred certain real property to an irrevocable trust prior to filing for bankruptcy, so that it was not property of the bankruptcy estate and could not effectively be sold by the trustee. The trustee moved for summary judgment and to dismiss the claims.
ABI Membership is required to access the full summary of Brooks-Hamilton v. City of Oakland (In re Brooks-Hamilton) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Doolittle v. County of Santa Cruz (In re Metzger)
Aug
02
2006
Ruling
Sale order issued without proper notice to county did not strip county of its interest.
Procedural posture
Plaintiff property owner sued defendants, a county, debtor, a development company, et al. The county and the State of California cross-complained. The owner sought a declaration that a 1992 Sale Order divested the property of the county's interest. The county sought a declaration that the Sale Order did not divest the property of its interest and an order remanding the matter to state court. Pending were cross-motions for summary judgment.
ABI Membership is required to access the full summary of Doolittle v. County of Santa Cruz (In re Metzger) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Bricksin
Jul
26
2006
Ruling
Motion to dismiss case was denied since debtors' participation in debt repayment plan constitued ongoing credit counseling sufficient to satisfy 180-day prior to filing credit counseling requirement.
Procedural posture
After the debtors filed for bankruptcy protection under chapter 7, the U.S. trustee moved to dismiss their case pursuant to 11 U.S.C. §§ 707(a), 109(h) and 521(b) and Fed. R. Bankr. P., Interim R. 1007(b)(3). The trustee asserted that the debtors failed to file certificates from an approved credit counseling agency evidencing their receipt of credit counseling within the 180-day period preceding the date of filing the petition
ABI Membership is required to access the full summary of In re Bricksin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Nelson
Jul
26
2006
Ruling
Debtor was not eligible for chapter 13 relief since debtor filed plan in bad faith.
Procedural posture
In a prior proceeding, the bankruptcy court summarily ruled that the debtor's proposed chapter 13 plan was filed in bad faith and dismissed the case. The Bankruptcy Appellate Panel for the Ninth Circuit reversed the decision and remanded the case, holding that the bankruptcy court should have permitted the debtor to amend her plan before dismissing the case.
ABI Membership is required to access the full summary of In re Nelson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gaughan v. Edward Dittlof Revocable Trust (In re Costas)
Jul
13
2006
Ruling
Panel affirmed judgment finding that debtor's disclaimer was not fraudulent transfer of property since panel ruled that bankruptcy law did not preempt state law in defining property interests.
Procedural posture
Appellee chapter 7 trustee sued appellant debtor pursuant to 11 U.S.C. § 548, seeking to avoid as a fraudulent conveyance a disclaimer by the debtor of her interests in a trust. The Bankruptcy Court for the District of Arizona granted the debtor's summary judgment motion and denied the relief sought by the trustee. The trustee appealed.
ABI Membership is required to access the full summary of Gaughan v. Edward Dittlof Revocable Trust (In re Costas) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- 28 U.S.C.
Pleasure Cove Resort Asset Mgmt. Group LLC v. United States (In re Pleasure Cove Resort Asset Mgmt. Group LLC)
Jul
10
2006
Ruling
Court abstained from hearing proceeding since no significant bankruptcy issues were involved.
Procedural posture
Defendant U.S. Bureau of Reclamation filed a motion to dismiss plaintiff debtor's adversary proceeding, which sought to obtain resort property seized by the bureau or compensation for the seizure.
ABI Membership is required to access the full summary of Pleasure Cove Resort Asset Mgmt. Group LLC v. United States (In re Pleasure Cove Resort Asset Mgmt. Group LLC) 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 Barrantes
Jun
28
2006
Ruling
Creditor's objection to plan confirmation was overruled since proposed plan properly applied all of debtor's projected disposable income.
Procedural posture
Debtor filed a voluntary petition under chapter 13. Concurrently with the filing of the petition, debtor submitted a proposed chapter 13 plan. Creditor filed objections to confirmation of the plan.
ABI Membership is required to access the full summary of In re Barrantes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Lam v. Conrad (Lam)
Jun
27
2006
Ruling
Court denied former spouse's motion for partial summary judgment on nondischargeability claim.
Procedural posture
Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that certain claims arising from their dissolution proceeding were nondischargeable pursuant to 11 U.S.C. § 523(a)(4) and 11 U.S.C. § 523(a)(15). The former spouse moved for partial summary judgment with respect to her claim under 11 U.S.C. § 523(a)(4).
ABI Membership is required to access the full summary of Lam v. Conrad (Lam) 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 Pak
May
18
2006
Ruling
Trustee motion to dismiss was granted since case was abuse of chapter 7 given postfiling substantial increase in debtor's income.
Procedural posture
The trustee moved to dismiss debtor's chapter 7 case that had been filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), asserting that the filing constituted an abuse of the Bankruptcy Code pursuant to 11 U.S.C. § 707(b), as modified by the BAPCPA.
ABI Membership is required to access the full summary of In re Pak 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 Nelson
May
15
2006
Ruling
Order dismissing debtor's chapter 13 case was reversed since debtor was not given opportunity to request additional time to amend plan.
Procedural posture
Appellant bankruptcy debtor proposed a chapter 13 plan, but appellee trustee objected to the plan partly on the basis that the plan proposed only minimal payments with a minimal dividend for creditors. The debtor appealed the order of the Bankruptcy Court of the Northern District of California, which dismissed the debtor's case because the plan was not confirmable.
ABI Membership is required to access the full summary of In re Nelson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member