Skip to main content

Rule 1009

In re IFC Credit Corp.

Dec
16
2009
Ruling
Motion to dismiss case filed pro se on behalf of corporation denied where properly amended with signature of attorney.
Procedural posture

A creditor moved to dismiss the bankruptcy case of a chapter 7 debtor on the grounds that the proceeding was null because it was filed pro se on behalf of a corporation. The debtor and certain other creditors opposed the motion to dismiss.

ABI Membership is required to access the full summary of In re IFC Credit Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 16, 2009 , LexisNexis #0110-129
LexisNexis Article
Learn More

In re Gravermann

Dec
10
2009
Ruling
Amendment of schedules to claim exemption in personal injury case proceeds more than three years after petition date denied.
Procedural posture

The chapter 7 debtors filed an amended Schedule C claiming an exemption in the proceeds of a lawsuit settlement under 735 ILCS 5/12-1001(h)(4) as a payment on account of personal bodily injury. The trustee objected.

ABI Membership is required to access the full summary of In re Gravermann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 10, 2009 , LexisNexis #0110-137
LexisNexis Article
Learn More

Waldron v. Brown (In re Waldron)

Aug
04
2008
Ruling
Bankruptcy court did not abuse discretion in requiring debtor to amend schedule of assets to include property acquired postconfirmation.
Procedural posture

Appellant debtors sought review of a judgment of the District Court for the Southern District of Georgia affirming a bankruptcy ruling in favor of appellee trustee that one of the debtor's post-confirmation claims for underinsured-motorist benefits were property of the bankruptcy estate and that the debtors were required to amend their schedule of assets under 11 U.S.C.S. § 1306(a) and Fed. R. Bankr. P. 1009.

ABI Membership is required to access the full summary of Waldron v. Brown (In re Waldron) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 04, 2008 , LexisNexis #0808-105
LexisNexis Article
Learn More

In re Wunderlich

Jun
06
2007
Ruling
Former bankruptcy attorney not allowed to amend schedules due to evidence of bad faith.
Procedural posture

Following the court's denial of a chapter 7 debtor's claimed property exemptions under New Hampshire law, the debtor pursuant to Fed. R. Bankr. P. 1009(a) amended Schedule C to claim property exempt under New York law. A creditor filed an objection.

ABI Membership is required to access the full summary of In re Wunderlich Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 06, 2007 , LexisNexis #0807-035
LexisNexis Article
Learn More

In re Gartman

Mar
30
2007
Ruling
Debtor could not amend schedules to seek exemption for tax refund previously concealed in bad faith.
Procedural posture

Debtor filed for chapter 7 relief. Debtor did not disclose any possible tax refunds due to him in his original Schedule B filed with the petition. Debtor also did not inform the trustee prior to the meeting of creditors that he was entitled to a tax refund or that his Schedule B was incorrect. Debtor filed an amended Schedule C, seeking a $900.00 exemption for an anticipated tax refund. The trustee filed an objection to debtor's claim.

ABI Membership is required to access the full summary of In re Gartman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 30, 2007 , LexisNexis #0507-014
LexisNexis Article
Learn More

In re Harris

Dec
01
2006
Ruling
Debtor could not amend schedules to claim exemptions for property that had been intentionally concealed.
Procedural posture

A debtor who filed for bankruptcy relief under chapter 7 sought to amend his claim of exemptions under Fed. R. Bankr. P. 1009(a) to list certain assets as exempt. However, a creditor and the trustee objected to both the valuation of those assets and to their exemption.

ABI Membership is required to access the full summary of In re Harris Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 01, 2006 , LexisNexis #0107-034
LexisNexis Article
Learn More
Subscribe to %1