Oct
16
2008
Fokkena v. Draisey (In re Draisey)
United States Trustee (UST) appealed a decision of the Bankruptcy Court for the District of Minnesota that denied the UST's motion to dismiss defendant debtors' case pursuant to 11 U.S.C.S. § 707(b)(3)(B).
Ruling:
Bankruptcy court erred in applying 30-day limit of 702(b)(2) to bar motion to dismiss under 702(b)(3).
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1108-081
Oct
08
2008
In re Wingerter
Creditor appealed an order of the Bankruptcy Court for the Northern District of Ohio, Eastern Division, that imposed sanctions under Fed. R. Bankr. P. 9011(b). The bankruptcy court concluded that the creditor failed to with Fed. R. Bankr. P. 9011(b) to make a reasonable inquiry into the basis of its claim before filing the proof of claim because it made no effort to comply with Fed. R. Bankr. P. 3001(c) and Official Bankr. Form 10.
Ruling:
Appeal of nonmonetary sanctions imposed by bankruptcy court dismissed as moot and calling for an impermissible advisory opinion.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #1108-021
Oct
06
2008
Melnor Inc. v. Corey (In re Corey)
Defendant debtor challenged a decision of the Bankruptcy Court for the District of Kansas that found that defendant creditor's claim against him was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court granted summary judgment for the creditor because it concluded that a prior judgment that the creditor had obtained in federal district court in Virginia had determined that the debt was procured by fraud.
Ruling:
Bankruptcy court properly held that default judgment for debtor's failure to appear at trial was nondischargeable.
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Consumer case opionion summary, case decided on October 06,2008, LexisNexis #1108-011
Oct
06
2008
Cadlerock Joint Venture II LP v. Sandiford (In re Sandiford)
Appellant joint venture (JV) sought review of a decision of the Bankruptcy Court for the Western District of Arkansas, which denied the JV's objection to discharge of appellee debtors in a chapter 7 proceeding. The debtors moved to Arkansas, conducted a real estate business, and created three family trusts.
Ruling:
Bankruptcy court properly overruled objection to discharge where it deemed that debtors had rebutted presumption of fraud.
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Consumer case opionion summary, case decided on October 06,2008, LexisNexis #1108-016
Oct
02
2008
Tracey v. United States (In re Tracey)
Debtors filed a joint petition under chapter 13 of the Bankruptcy Code, and the Internal Revenue Service (IRS) filed a proof of secured claim in the amount of $ 57,014. The debtors filed an objection to the IRS' claim, alleging that the IRS had not perfected a tax lien. The Bankruptcy Court for the District of New Hampshire overruled the debtors' objection, and the debtors appealed.
Ruling:
Debtor's objection to IRS secured claim overruled.
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Consumer case opionion summary, case decided on October 02,2008, LexisNexis #1108-005
Sep
19
2008
Gagne v. Fessenden (In re Gagne)
Appellants, the debtors, contested an order of the United States Bankruptcy Court for the District of Maine, challenging the bankruptcy court's interpretation of the time period set forth in 11 U.S.C.S. § 1328(f), and arguing that the two year time period should run from the date of filing of an earlier chapter 13 case to the date of the filing of the subsequent case, in which case debtor husband was eligible for a discharge.
Ruling:
Look back period runs from petition date in earlier case rather than from discharge date.
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Consumer case opionion summary, case decided on September 19,2008, LexisNexis #1008-052
Sep
16
2008
Mitchell v. Bigelow (In re Bigelow)
Appellant creditor challenged a ruling of the Bankruptcy Court for the Northern District of Iowa dismissing his complaint against appellee debtors pursuant to Fed. R. Civ. P. 12(b)(6) as well as its subsequent order denying appellant's motion to amend the findings in the dismissal order. At issue was the effect, of 11 U.S.C.S. § 108, on the running of the statute of limitations on the underlying claim.
Ruling:
Section 108 does not independently toll or suspend statute of limitations that has not expired as of petition date.
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Consumer case opionion summary, case decided on September 16,2008, LexisNexis #1008-020
Sep
10
2008
Carlson v. Moratzka (In re Carlson)
Debtors, a husband and wife, filed a petition under capter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to the wife's claim that she was entitled to claim half of federal and state income tax refunds she and her husband received as exempt property. The Bankruptcy Court for the District of Minnesota sustained the objection, and the wife appealed.
Ruling:
Bankrtuptcy court properly denied non-wage earning debtor spouse's claim for exemption in tax refunds.
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Consumer case opionion summary, case decided on September 10,2008, LexisNexis #1008-008
Sep
05
2008
Peterson v. Weber (In re Weber)
Appellant creditor challenged two orders of the Bankruptcy Court for the District of Minnesota. The first order denied the creditor's motion for leave to amend her complaint against appellee debtor to state a claim under 11 U.S.C.S. § 523(a)(14). The second order determined that the debt was not excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) or (B).
Ruling:
Bankruptcy court erred in not allowing creditor to amend complaint in adversary proceeding based on original complaint, raising no complex new issues and not resulting in any unfairness.
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Consumer case opionion summary, case decided on September 05,2008, LexisNexis #0908-118
Sep
02
2008
Babin v. Powell (In re Powell)
Chapter 13 trustee objected to the confirmation of appellee debtors' plans on the theory that they were not submitting all projected disposable income to the repayment of creditors. The Bankruptcy Court for the Western District of Arkansas overruled the objections and confirmed the debtors' plans. The trustee appealed.
Ruling:
Confirmation reversed due to precedent that debtors could not claim ownership expense deduction for vehicles owned free and clear.
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Consumer case opionion summary, case decided on September 02,2008, LexisNexis #0908-123