Search Opinion

Newman v. United States (In re Newman)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States alleging that the government violated the discharge injunction of 11 U.S.C.S. § 524(a) by attempting to collect additional tax liabilities after the debtor provided for and paid taxes for the tax years in question under the debtor's confirmed chapter 11 plan. The government moved for summary judgment.
Ruling: 
Government's attempts to collect nondischargeable tax debt did not violate discharge injunction.
ABI Membership is required to access the full summary of Newman v. United States (In re Newman). 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 November 25,2008, LexisNexis #0309-032

Wharton v. Shiver (In re Shiver)

Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
Ruling: 
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
ABI Membership is required to access the full summary of Wharton v. Shiver (In re Shiver). 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 November 05,2008, LexisNexis #1208-080

In re Shihai

Counsel for the debtors filed a first and final application for fees and expenses. The United States Trustee and chapter 7 trustee opposed the application.
Ruling: 
Fee application of debtor's pre-conversion counsel treated as interim application pending full administration.
ABI Membership is required to access the full summary of In re Shihai. 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 August 18,2008, LexisNexis #0908-009

In re Vinieris

Movant creditor sought dismissal of a chapter 13 on the basis that it was a judgment creditor with a secured claim against debtor exceeding $9.9 million, rendering debtor ineligible to file a chapter 13 due to 11 U.S.C.S. § 109(e). Debtor opposed the motion on the ground that movant was no longer a judgment creditor by reason of the age of the underlying judgment. The status of the debt under state law including N.Y. C.P.L.R. § 5014 was at issue.
Ruling: 
Secured judgment that was still valid after more than twenty years was in excess of chapter 13 debt limits, disqualifying debtor.
ABI Membership is required to access the full summary of In re Vinieris. 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 August 07,2008, LexisNexis #0808-107

In re Kwabena Osei

A creditor objected to confirmation of debtor's chapter 13 plan on the ground that debtor, in calculating disposable income, deducted the full amount allowed under the IRS Local Standards for mortgage/rental expense even though debtor's actual monthly rental expense was lower. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(3) and 11 U.S.C.S. § 707(b)(2)(A)(ii)(I) both individually and in the context of the IRS Local Standards.
Ruling: 
Debtor entitled to full rental expense deduction of IRS Local Standards rather than lower actual expense.
ABI Membership is required to access the full summary of In re Kwabena Osei. 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 June 25,2008, LexisNexis #0708-127

Alcantara v. Citimortgage Inc. (In re Alcantara)

Plaintiff debtors filed an action against defendant creditor alleging violations of the Florida Consumer Collection Practices Act. In an amended complaint, the debtors filed a class action individually and on behalf of others similarly situated, alleging three counts of violations of the automatic stay imposed under 11 U.S.C.S. § 362(a)(6). The creditor filed a motion to dismiss.
Ruling: 
Class action complaint for violations of stay dismissed due to debtor's failure to allege creditor's actions resulted in injury.
ABI Membership is required to access the full summary of Alcantara v. Citimortgage Inc. (In re Alcantara). 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 April 09,2008, LexisNexis #0708-003

Pereira v. Gardner (In re Gardner)

Plaintiff trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), (a)(4)(D), and (a)(5). The trustee also requested that the pleadings be amended to conform to the evidence so that the debtor could be denied a discharge under 11 U.S.C.S. § 727(a)(6). The debtor denied allegations in the trustee's complaint.
Ruling: 
Debtor's concealment of timeshares, false oaths at creditors' meeting and failure to provide records resulted in denial of discharge.
ABI Membership is required to access the full summary of Pereira v. Gardner (In re Gardner). 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 April 01,2008, LexisNexis #0408-136

Hill v. Brooks (In re Brooks)

Plaintiff creditor brought an action in state court against defendant bankruptcy debtor seeking eviction of the debtor from real property and unpaid rent, and the debtor counterclaimed for a declaration that the debtor had an ownership interest in the property. The debtor removed the case to the bankruptcy court, and the creditor moved for remand or abstention under 28 U.S.C.S. §§ 1334(c)(2), 1452(b).
Ruling: 
Bankruptcy court exercised abstention from state eviction action which would not affect administration.
ABI Membership is required to access the full summary of Hill v. Brooks (In re Brooks). 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 March 28,2008, LexisNexis #0808-029

In re Chestnut Hill Rehab Hosp. LLC

The debtors filed two separate motions for an order to show cause against a union and the American Arbitration Association (AAA). The debtors contented that the union and the AAA had violated the automatic stay imposed by 11 U.S.C.S. § 362 by pursuing certain arbitration proceedings after the bankruptcy petitions were filed.
Ruling: 
Arbitration proceedings pursuant to collective bargaining agreement were not subject to stay.
ABI Membership is required to access the full summary of In re Chestnut Hill Rehab Hosp. LLC. 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 March 25,2008, LexisNexis #0508-076

Stathopoulos v. Maritime Law Ctr. for Personal Injury (In re Arana)

Defendants, a law center and a particular member thereof, sought summary judgment on plaintiff trustee's complaint to avoid and recover a transfer per 11 U.S.C.S. § 547 claimed to be preferential and occurring by reason of the transfer, to defendants, of a part of the proceeds of a settlement of a chapter 7 debtor's lawsuit against third parties, reimbursing defendants for advances, including for debtor's living expenses, made during the case.
Ruling: 
Debtor's personal injury attorneys were not insiders so that reimbursement of advances was not preferential transfer.
ABI Membership is required to access the full summary of Stathopoulos v. Maritime Law Ctr. for Personal Injury (In re Arana). 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 March 20,2008, LexisNexis #0708-031

Pages