- 11 U.S.C.
Duncan v. Duncan (In re Duncan)
May
24
2006
Ruling
Dischargeability of wrongful death damages award was not collaterally estopped since the judgment was based on a different legal standard than section 523(a)(6)'s willful and malicious injury standard.
Procedural posture
Appellant estate administrator sought review of an order of the District Court for the Eastern District of Virginia, which granted summary judgment to appellee debtor in an adversary proceeding brought by the bankruptcy estate to challenge the dischargeability of a judgment debt owed by the debtor arising out of a state wrongful death action.
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Gulfcoast Workstation Corp. v. Peltz (In re Bridge Info. Sys.)
May
18
2006
Ruling
Court affirmed finding that payments to transferee were preferential since transferee failed to establish an ordinary course of business defense.
Procedural posture
Appellant transferee sought review of the judgment of the District Court for the Eastern District of Missouri, which affirmed the bankruptcy court's finding that the transferee failed to establish an ordinary course defense to appellee plan administrator's avoidance of the debtor's preferential transfers to the transferee, pursuant to 11 U.S.C. § 547(b).
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- 11 U.S.C.
Caradon Doors & Windows Inc. v. Eagle-Picher Industries Inc.(In re Eagle-Picher Indus.)
May
05
2006
Ruling
Reorganization plan did not discharge manufacturer's claim since the plan permitted certain administrative expense claims to be filed after the plan confirmation and the plan's definition of recoverable administrative expense claims covered the claims rai
Procedural posture
Appellee manufacturer was named a defendant in a patent infringement case along with appellant debtor. The bankruptcy court agreed with the debtor that the patent infringement claim could not proceed because the confirmation of the 1996 reorganization plan discharged the manufacturer's claim, but the District Court for the Southern District of Ohio disagreed and reversed the bankruptcy court's decision.
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- 11 U.S.C.
Egleston v. Egleston (In re Egleston)
May
05
2006
Ruling
Summary judgment ruling that debtor's wife's state court fees award was barred based on res judicata was reversed, but court otherwise affirmed ruling by finding that some of fees were void under section 524(a)(1) and remanded case for determination of fe
Procedural posture
Appellant, a chapter 7 debtor's former wife, sought review of a decision of the District Court for the Western District of Louisiana, which affirmed a bankruptcy court judgment granting summary judgment in favor of appellee debtor in the wife's adversary proceeding under 11 U.S.C. § 523(a)(5) to except from discharge various state court judgments rendered against the debtor for obligations under a divorce settlement order.
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- 11 U.S.C.
In re United Airlines
May
04
2006
Ruling
Court deemed that transaction between debtor airline and a bond issuer was a loan rather than a lease under section 365.
Procedural posture
Appellant debtor airline appealed from the District Court for the Northern District of Illinois decision, which denied the airline's attempt to have a transaction treated as a loan rather than a lease for purposes of 11 U.S.C. § 365. Appellees, a city, a bank, and others, opposed the appeal.
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- 11 U.S.C.
Colsen v. United States (In re Colsen)
May
04
2006
Ruling
Debtor's tax liabilities were deemed dischargeable since the post-assessment filings were "returns" under section 523(a)(1)(B)(i).
Procedural posture
Appellee debtor filed a petition for bankruptcy and initiated an adversary proceeding against appellant United States, claiming that his federal income tax liabilities were dischargeable despite 11 U.S.C. § 523(a)(1)(B)(i). The bankruptcy court found that the debts to the IRS were dischargeable. The Bankruptcy Appellate Panel for the Eighth Circuit affirmed. The government appealed.
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- 11 U.S.C.
Marrama v. Citizens Bank (In re Marrama)
Apr
20
2006
Ruling
Denial of discharge was affirmed since fraudulent intent was found.
Procedural posture
Appellant debtor filed for chapter 7 bankruptcy protection. Appellee bank contended in its adversary action that the debtor should have been denied a discharge because of a recent transfer of assets to defraud creditors, pursuant to 11 U.S.C. § 727(a)(2)(A). The bankruptcy court entered summary judgment for the bank; the District Court for the District of Massachusetts affirmed. The debtor filed a further appeal.
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- 11 U.S.C.
Colton v. Verola (In re Verola)
Apr
20
2006
Ruling
Court affirmed that debtor's restitution obligation imposed by a state as part of a criminal sentence was not dischargeable.
Procedural posture
Appellant debtor filed a bankruptcy action under chapter 7, and sought a determination that a state court's order requiring him to pay restitution to fraud victims was dischargeable under 11 U.S.C. § 523(a)(7). The bankruptcy court found that the state court's order was dischargeable, but the District Court for the Southern District of Florida reversed that judgment. The debtor appealed.
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Hower v. Molding Sys. Engg Corp.
Apr
19
2006
Ruling
Creditor was denied motion to stay sale of debtor's assets since the sale had already occurred and creditor had not obtained a stay of the sale prior to the sale.
Procedural posture
Appellant creditor appealed from the District Court for the Southern District of Illinois which denied his motion to stay the sale of appellee debtor's assets in a bankruptcy proceeding because the sale had already taken place.
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Hazelbaker v. Hope Gas Inc. (In re Rare Earth Minerals)
Apr
18
2006
Ruling
Court affirmed dismissal of creditor's appeal since section 363(m) curtails appellate courts'power to undo the authorized sale of estate assets to a good faith purchaser unless the sale has been stayed pending appeal, and creditor failed to obtain such a
Procedural posture
Appellant creditor appealed from the District Court for the Northern District of West Virginia challenging the bankruptcy court's authorization of the assumption and sale of an oil and gas lease.
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