Search Opinion

In re A&J Quality Diamonds Inc.

After petitioners, three trade creditors, filed an involuntary chapter 7 bankruptcy petition against debtor, which contested the petition, the matter was tried. The only evidence offered was a two-item factual stipulation agreed to by the parties. At issue was whether the creditors were entitled to relief under 11 U.S.C. § 303(h).
Ruling: 
Failure to pay three petitioning creditors was not sufficient grounds to support involuntary petition.
ABI Membership is required to access the full summary of In re A&J Quality Diamonds Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 29,2007, LexisNexis #1107-106

In re EZ Pay Servs.

Chapter 7 trustee filed an application to pay the administrative expense claim of a computer forensics expert employed by the trustee, in the amount of $ 70,000, pursuant to 11 U.S.C.S. § 503(b)(1).
Ruling: 
Administrative expense claim for fees of computer forensics expert approved.
ABI Membership is required to access the full summary of In re EZ Pay Servs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 28,2007, LexisNexis #0208-111

In re Jones

Chapter 13 debtor filed an objection to a proof of claim filed by the IRS.
Ruling: 
IRS could not be forced to add postpetition tax liability to proof of claim for prepetition liabilities.
ABI Membership is required to access the full summary of In re Jones. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 04,2007, LexisNexis #0108-033

Varble v. Chase (In re Chase)

Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for legal fees for services performed during the debtor's state court divorce and child custody proceedings.
Ruling: 
Attorneys'fees incurred in divorce case and custody proceeding were discharged except to extent earned postpetition.
ABI Membership is required to access the full summary of Varble v. Chase (In re Chase). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Lubit v. Chase (In re Chase)

Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for fees for forensic psychiatric consultation and expert witness services performed during the debtor's state court child custody proceedings.
Ruling: 
Fees accrued by psychaitrist in debtor's custody proceeding were nondischargeable diven debtor's fruadulent representations regarding payment.
ABI Membership is required to access the full summary of Lubit v. Chase (In re Chase). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Food Mgmt. Group LLC

A putative defendant, a law firm, sought an order pursuant to 11 U.S.C. § 107(b)(2) requiring that the chapter 11 trustee be required to file a proposed adversary complaint under seal.
Ruling: 
Motion to seal trustee's adversary complaint as defamatory or scandalous denied absent establishment that allegations were untrue.
ABI Membership is required to access the full summary of In re Food Mgmt. Group LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member