Bankruptcy petition did not sever tenancy by the entireties so that trustee could not supersede one tenant's right to act on behalf of the other.
Procedural posture
In two chapter 7 bankruptcy cases, appellant debtors sought exemptions under 11 U.S.C. § 522(d)(5) for property held in tenancy by the entireties. The bankruptcy court sustained appellee trustees'objections to the exemption requests. The District Court for the Western District of Pennsylvania affirmed. The debtors appealed. The cases were consolidated for appeal.
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In re Brannon
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
February 07, 2007
, LexisNexis #0307-060
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).
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United States v. Mitchell
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
February 06, 2007
, LexisNexis #0307-068
Rejection of record company agreements did not return copyrights to musician.
Procedural posture
Plaintiff musician sued defendants, a recording company and its owner, alleging they did not acquire copyrights by purchasing assets through a debtor's confirmed chapter 11 bankruptcy or the rejection of a recording agreement ("RA") or other contracts under 11 U.S.C. § 365, if so, he was owed royalties. The District Court for the Southern District of Florida granted defendants summary judgment. The musician appealed.
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Thompkins v. LilJoe Records Inc.
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Court
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opinion summary, case decided on
February 05, 2007
, LexisNexis #0307-058
Bankruptcy fraud conviction reversed where debtor filed to defraud tenants he was assisting but not tenant's landlord creditors.
Procedural posture
Defendant sought review of a judgment from the District Court for the Northern District of California, which convicted him upon a jury verdict on five counts of bankruptcy fraud in violation of 18 U.S.C. § 157.
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United States v. Milwitt
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Court
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opinion summary, case decided on
February 05, 2007
, LexisNexis #0307-069
Bankruptcy court properly allowed modification that provided greater payment to unsecured creditors where there was substantial change and denied in second case absent change.
Procedural posture
In two bankruptcy cases before the District Court for the Eastern District of Virginia, the chapter 13 trustee sought to modify a confirmed chapter 13 plan to increase the amount to be paid to the unsecured creditors. The bankruptcy court denied the motion to modify in case one, but granted it in case two and the district court affirmed the decisions. The trustee appealed in case one and the debtor appealed in case two.
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Murphy v. ODonnell (In re Murphy)
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
January 18, 2007
, LexisNexis #0207-068
Creditor's postpetition recording of financing statement did not relate back to date of loan.
Procedural posture
Appellant lenders made a loan to debtor. The next day, debtor's creditors filed an involuntary chapter 11 petition. Unaware of the bankruptcy petition, appellants did not record a financing statement relating to their loan until five days after the loan was made. The bankruptcy court permitted the trustee to invoke 11 U.S.C. § 547, the "strong-arm" provision, to avoid appellants'interest in debtor's assets. They appealed.
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Ostrander v. Gardner (In re Milivision Inc.)
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opinion summary, case decided on
January 16, 2007
, LexisNexis #0207-095
Lease settlement was consideration fo debtor lessee to exercise future options and was not a preference.
Procedural posture
Chapter 11 plan administrator for the debtor appealed from a decision of the Bankruptcy Appellate Panel that reversed a bankruptcy court order granting summary judgment to the administrator in an adversary proceeding to avoid a payment as a preferential transfer under 11 U.S.C. § 547(b), against a lessee of office space in debtor's building.
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Peltz v. Edward Vancil Inc. (In re Bridge Info. Sys.)
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opinion summary, case decided on
January 10, 2007
, LexisNexis #0207-026
Debtor's refinance with original mortgagee was preferential subject to possible applicability of 547(c) exceptions.
Procedural posture
The District Court for the District of Massachusetts affirmed a bankruptcy court's entry of summary judgment in favor of creditor mortgagee in declining to set aside a mortgage on the ground that it constituted a preferential transfer pursuant to 11 U.S.C. § 547(b) in debtor co-owner's bankruptcy case. The trustee appealed.
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Collins v. Great Atlantic Mortg. Corp. (In re Lazarus)
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opinion summary, case decided on
January 09, 2007
, LexisNexis #0207-025
Transfer of insurance proceeds to minor childrens'trust and then to entities controlled by debtor was recoverable.
Procedural posture
Appellants, a mother and two minor children, appealed from the District Court for the Northern District of Indiana, which affirmed the bankruptcy judge's order holding making the mother, father, and children jointly and severally responsible for paying $183,130 to the bankruptcy estate from custodial accounts established under the Uniform Transfers to Minors Act ("UTMA"). Appellee trustee opposed the appeal.
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Boyer v. Belavilas
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Court
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opinion summary, case decided on
January 05, 2007
, LexisNexis #0207-029
Veterans'home loan guaranty entitlement could be withheld after discharge.
Procedural posture
Appellant veterans alleged that appellee, the Department of Veterans Affairs ("VA"), violated 11 U.S.C. § 525(a) by refusing to fully restore home loan guaranty entitlements following the veterans'discharges in bankruptcy. The veterans appealed a judgment of the District Court for the Eastern District of North Carolina granting the VA's Fed. R. Civ. P. 12(b)(6) motion to dismiss.
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Ayes v. United States Dept of Veterans Affairs
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Court
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opinion summary, case decided on
December 27, 2006
, LexisNexis #0207-024