Search Opinion

JPMorgan Chase Bank. V. Tamis (In re Tamis)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtors'fiduciary defalcation. The bankruptcy court conducted a trial.
Ruling: 
Debt of shareholders and officers who were fiduciaries of corporation was dischargeable absent proof of dereliction.
ABI Membership is required to access the full summary of JPMorgan Chase Bank. V. Tamis (In re Tamis). 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 December 17,2008, LexisNexis #0209-137

In re Duncan

Bankruptcy debtors asserted that a holder of a second mortgage against the debtors' residence was wholly unsecured because the value of the residence was less than the amount due on a first mortgage. The debtors moved to strip off the holder's second mortgage pursuant to 11 U.S.C.S. § 506(d).
Ruling: 
Debtor could not "strip off" second mortgage that was at least partially secured.
ABI Membership is required to access the full summary of In re Duncan. 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 December 17,2008, LexisNexis #0309-080

Ira v. Engle (In re Engle)

Plaintiff individual and representative creditors sued defendant chapter 11 debtor, seeking a declaration that certain debts were nondischargeable under 11 U.S.C.S. § 523, as well as a denial of discharge under 11 U.S.C.S. § 727. The debtor moved to dismiss the complaint, strike the creditors' exhibits, and for Fed. R. Civ. P. 11 sanctions. The creditors moved for leave to amend their complaint.
Ruling: 
Dischargeability proceeding filed by group of creditors dismissed where each properly had separate causes of action.
ABI Membership is required to access the full summary of Ira v. Engle (In re Engle). 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 December 17,2008, LexisNexis #0209-044

Hernandez v. Dorado (In re Dorado)

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Breach of home construction contract did not give rise to nondischargeable debt.
ABI Membership is required to access the full summary of Hernandez v. Dorado (In re Dorado). 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 December 16,2008, LexisNexis #0209-045

In re Brandon

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor required to commit to plan period of 60 months.
ABI Membership is required to access the full summary of In re Brandon. 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 December 16,2008, LexisNexis #0209-059

Weisle Corp. v. Leist (In re Leist)

Plaintiffs, a judgment creditor and its principal, and defendant chapter 7 debtor filed cross-motions for summary judgment in plaintiffs' action, which sought to have the judgment debt declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6).
Ruling: 
Debtor real estate broker's purchase of property instead of making offer on behalf of clients resulted in nondischargeable economic injury.
ABI Membership is required to access the full summary of Weisle Corp. v. Leist (In re Leist). 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 December 16,2008, LexisNexis #0209-046

Lassman v. Hegarty (In re Hegarty)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to revoke his discharge pursuant to 11 U.S.C.S. § 727(a)(3) or (a)(4)(D). The trustee asserted that the debtor failed to keep and produce or knowingly and fraudulently withheld statements and cancelled checks with respect to two separate bank accounts.
Ruling: 
Debtor's discarding of bank statements due to misunderstanding with trustee was not grounds for denial of discharge.
ABI Membership is required to access the full summary of Lassman v. Hegarty (In re Hegarty). 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 December 16,2008, LexisNexis #0309-125

In re Tabares

The debtors filed for relief under chapter 13 of the Bankruptcy Code. A bank filed a claim, which included a request for $350 in postpetition attorney fees as part of the claim. A trustee objected to the claim to the extent that it sought the attorney fees.
Ruling: 
Trustee's objection to mortgagee's attorneys' fees sustained absent necessary contractual provision.
ABI Membership is required to access the full summary of In re Tabares. 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 December 15,2008, LexisNexis #0309-079

In re Lundeen

The husband and wife debtors moved to modify their chapter 13 plan after confirmation. The standing trustee did not object, nor did any other party-in-interest. Nonetheless, the court held hearing on the motion.
Ruling: 
Debtor could not modify plan to justify unauthorized use of tax refunds.
ABI Membership is required to access the full summary of In re Lundeen. 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 December 12,2008, LexisNexis #0209-069

Oak Street Funding LLC v. Brown (In re Brown)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6). The debtor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
Ruling: 
Debtor company president's knowledge of company affairs was insufficient to establish fiduciary position that would support finding of nondischargeability.
ABI Membership is required to access the full summary of Oak Street Funding LLC v. Brown (In re Brown). 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 December 12,2008, LexisNexis #0209-118

Pages