Waiver of sovereign immunity could not be used to create a cause of action that did not exist outside of bankruptcy.
Procedural posture
The District Court for the Eastern District of Texas dismissed the debtor's tort claims against the creditor United States Department of Agriculture as barred by sovereign immunity. On the debtor's appeal, a panel of the Fifth Circuit held that permissive counterclaims could be used as a setoff under 11 U.S.C. § 106(c) as a waiver of sovereign immunity. The case was reconsidered en banc.
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In re Supreme Beef Processors Inc.
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
October 19, 2006
, LexisNexis #1106-049
Bankruptcy court should have heard trustee's motion for plan modification filed but not heard before completion of payments.
Procedural posture
Appellant trustee, moved to modify appellee debtors'chapter 13 bankruptcy plan. The Bankruptcy Court for the Northern District of Texas denied the motion, finding it untimely under 11 U.S.C. § 1329(a). The District Court for the Northern District of Texas affirmed that decision. The trustee again appealed.
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Meza v. Truman
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
October 16, 2006
, LexisNexis #1106-069
Post-confirmation assessment of tax liability was erroneously invalidated by district court.
Procedural posture
Plaintiff United States appealed from the District Court for the Northern District of Georgia, challenging the invalidation of its assessment of a tax liability against defendant debtor following confirmation of the taxpayer's chapter 11 bankruptcy plan.
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United States v. White
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
October 11, 2006
, LexisNexis #1106-081
Debtor could not convert chapter 7 case filed in one district court to a chapter 13 case filed in another district court.
Procedural posture
A chapter 13 debtor appealed after a Northern District of Illinois bankruptcy court denied his proposed chapter 13 plan and dismissed his bankruptcy case. The debtor sought further review after the District Court for the Northern District of Illinois affirmed the bankruptcy court's dismissal order and other interlocutory orders. The debtor raised error claims regarding the handling of his chapter 13 case.
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In re Salem
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opinion summary, case decided on
October 10, 2006
, LexisNexis #1106-097
Bankruptcy Appellate Panel erred in reversing decision that claim for breach of stock consulting agreement could not be subordinated.
Procedural posture
Appellee debtors filed an adversary proceeding against appellant consultant, alleging that a claim filed by the consultant in their chapter 11 bankruptcy case must be subordinated under 11 U.S.C. § 510(b). A bankruptcy court granted summary judgment to the consultant and denied it to debtors. The Ninth Circuit Bankruptcy Appellate Panel reversed and held that the claim should be subordinated. The consultant appealed.
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Racusin v. American Wagering Inc. (In re American Wagering Inc.)
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Court
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opinion summary, case decided on
October 06, 2006
, LexisNexis #1006-124
Bankruptcy court did not err in dismissing case for substantial abuse based on finding that retirement contributions were not reasonably necessary expenses.
Procedural posture
Appellant debtor sought review of an order from the District Court for the District of Nevada, which affirmed the bankruptcy court's decision to grant appellee United States Trustee's motion to dismiss the debtor's chapter 7 bankruptcy petition for substantial abuse under 11 U.S.C. § 707(b) based on a finding that the debtor's contributions to her 401(k) plan and savings bond were not reasonably necessary expenses.
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Hebbring v. United States Trustee
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opinion summary, case decided on
September 11, 2006
, LexisNexis #1006-025
State wage lien could be avoided where statute did not give precedence over bona fide purchasers.
Procedural posture
Appellants, the State of Wisconsin and its Attorney General, sought review of a decision of the District Court for the Northern District of Indiana affirming the bankruptcy court's grant of summary judgment in favor of appellee bankruptcy trustee in the trustee's adversary proceeding, seeking to set aside the State's wage lien asserted under Wis. Stat. § 109.09 on the net sale proceeds of the debtor's property.
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In re Globe Bldg. Materials Inc.
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opinion summary, case decided on
September 08, 2006
, LexisNexis #1006-022
Debtor's failure to keep business records was not grounds for denial of discharge where debtor reasonably relied on better educated partner to keep records.
Procedural posture
Appellant creditors sought review of a judgment of the District Court for the District of Connecticut, which affirmed a bankruptcy court's judgment in favor of appellee debtor in the creditors' adversary proceeding under 11 U.S.C. § 727(a)(3) and (5) for the denial of bankruptcy discharge.
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D.A.N. Joint Venture v. Cacioli (In re Cacioli)
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opinion summary, case decided on
September 06, 2006
, LexisNexis #1006-027
Creditor's refusal to release valueless auto lien unless outstanding balance was paid was coercive and violated discharge injunction
Procedural posture
Chapter 7 debtors, husband and wife, appealed a decision from the District Court for the District of Maine affirming a bankruptcy court ruling that creditor, a car financing corporation, did not violate the discharge injunction by declining to discharge its lien on debtors'automobile until they paid the remaining balance due on their prepetition car loan.
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Pratt v. GM Acceptance Corp. (In re Pratt)
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
September 01, 2006
, LexisNexis #1006-021
Musicians performed necessary services for debtor orchestra and were entitled to priority payments pursuant to collective bargaining agreement.
Procedural posture
When reorganization failed, debtor orchestra converted its chapter 11 bankruptcy to a chapter 7 proceeding. Defendant musicians were granted a first priority payment of postpetition wages and benefits due under the terms of a collective bargaining agreement ("CBA") as administrative expenses under 11 U.S.C. §§ 503(b)(1)(A) and 507(a)(1). Plaintiff trustee appealed the decision from the District Court for the District of Colorado.
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Peters v. Pikes Peak Musicians Assn
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
September 01, 2006
, LexisNexis #1006-030