Potential loss of lease that would have eliminated chances for reorganization provided grounds for bona fide chapter 11 petition.
Procedural posture
Appellant, the corporate owner of commercial premises upon which appellee debtor sought to reorganize under chapter 11 and reopen as a food market, challenged, on appeal of the District Court for the District of Massachusetts'intermediate affirmance, the judgment of the bankruptcy court which denied the owner's motion to dismiss the chapter 11 petition on the ground that it was not filed in good faith.
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Fields Station LLC v. Capitol Food Corp. (In re Capitol Food Corp.)
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Court
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opinion summary, case decided on
June 06, 2007
, LexisNexis #0707-009
Bank of which debtor was a non-controlling "director emeritus" was not an insider.
Procedural posture
Plaintiff debtor filed a bankruptcy proceeding wherein plaintiff trustee maintained that prepetition transfers from the debtor to defendant bank were preferential under 11 U.S.C. § 547(b) as the bank was both a per se insider under 11 U.S.C. § 101(31)(A) and an extra-statutory insider. Plaintiffs challenged a decision of the Bankruptcy Appellate Panel for the Tenth Circuit, which reversed a grant of partial summary judgment to the trustee.
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Rupp v. United Sec. Bank (In re Kunz)
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opinion summary, case decided on
June 05, 2007
, LexisNexis #0707-019
Chapter 13 case properly dismissed where sum of debt secured by two properties exceeded limit.
Procedural posture
Appellant, a chapter 13 debtor, challenged the decision entered by the District Court for the Eastern District of Michigan that affirmed the bankruptcy court's decision that dismissed the debtor's chapter 13 petition after appellee chapter 13 trustee moved to dismiss the petition, claiming the debtor's secured debts exceeded the $922,975 cap for filing a chapter 13 petition.
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Glance v. Carroll (In re Glance)
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opinion summary, case decided on
June 01, 2007
, LexisNexis #0707-020
Restitution and prison sentence upheld for debtor's fraudulent failure to schedule $8,000 in assets and $36,000 inheritance.
Procedural posture
Defendant sought review of a sentence imposed by the District Court for the Northern District of Iowa after defendant pled guilty to knowingly and fraudulently making a false declaration or statement in connection with his bankruptcy petition, in violation of 18 U.S.C. § 152(3). The sentence included prison time and a mandatory restitution of $8,093, pursuant to the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A.
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United Sates v. Holthaus
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opinion summary, case decided on
May 25, 2007
, LexisNexis #0607-104
Debtor could not be compelled to turn over funds transferred by checks written before petition date but honored after filing.
Procedural posture
In this chapter 7 action, the trustee appealed from a judgment of the Bankruptcy Appellate Panel for the Eighth Circuit, which reversed the bankruptcy court's decision compelling the debtor to turn over to the estate the value of several checks which amounted to $1938.76.
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Brown v. Pyatt (In re Pyatt)
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opinion summary, case decided on
May 23, 2007
, LexisNexis #0607-094
Bankruptcy court did not err in setting joinder deadline in involuntary case resulting in dismissal for insufficient number of creditors.
Procedural posture
Appellants challenged the decision of the District Court for the Eastern District of Michigan that affirmed the decision of the bankruptcy court that dismissed an amended involuntary petition for bankruptcy due to the lack of a sufficient number of qualified creditors under 11 U.S.C. § 303(b)(1).
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Riverview Trenton R.R. v. DSC Ltd. (In re DSC Ltd.)
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opinion summary, case decided on
May 23, 2007
, LexisNexis #0607-081
Bankruptcy court properly denied debtor's exemption in personal injury settlement funds that were not properly disclosed.
Procedural posture
The bankruptcy court concluded that appellee debtor acted in bad faith when she delaying disclosure of her interest in a personal injury suit, and thus denied an exemption that ordinarily applied to personal injury settlements under Utah law. The debtor appealed to the Tenth Circuit Bankruptcy Appellate Panel, which reversed. The debtor and appellant trustee appealed.
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Gillman v. Ford (In re Ford)
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opinion summary, case decided on
May 17, 2007
, LexisNexis #0607-086
Postconfirmation adversary proceeding brought by debtor against bank for breach of contract was not related to bankruptcy.
Procedural posture
Appellant debtor sought review of a decision of the District Court for the Eastern District of Virginia, which determined that a bankruptcy court lacked jurisdiction, pursuant to 28 U.S.C. § 1334(b), over the debtor's postconfirmation adversary proceeding against appellee bank for breach of contract and for tortious interference.
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Valley Historic Ltd. Pship v. Bank of New York
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opinion summary, case decided on
May 17, 2007
, LexisNexis #0607-105
Sovereign immunity was not a defense to state revenue department's violation of stay.
Procedural posture
Appellant, the Florida Department of Revenue ("DOR"), sought review of an order of the District Court for the Middle District of Florida, which affirmed a bankruptcy court order discharging the DOR's claim seeking to recover public assistance money paid by the State of Hawaii to appellee debtors and awarding damages for the DOR's violation of the automatic stay under 11 U.S.C. § 362.
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Florida Dept of Rev. v. Omine (In re Omine)
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opinion summary, case decided on
May 11, 2007
, LexisNexis #0607-055
Prepetition right to tax refund was property of the estate.
Procedural posture
Appellant debtors sought review of an order from the District Court for the District of Arizona denying their appeal from a bankruptcy court decision which concluded that the prepetition application of the right to a tax refund was an asset as of the petition date and that the debtors had to deliver to appellee bankruptcy trustee the value of the property under 11 U.S.C. § 542(a).
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Nichols v. Birdsell
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Court
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opinion summary, case decided on
May 09, 2007
, LexisNexis #0607-064