Dec
01
2008
Martinez v. Arce (In re Martinez)
Appellant debtor challenged an order of the Bankruptcy Court for the District of Puerto that granted the motion to dismiss filed by appellee, the debtor's former spouse, and dismissed the debtor's Chapter 13 case, pursuant to 11 U.S.C.S. § 1307(c), on the grounds of her bad faith in filing the petition.
Ruling:
Bankruptcy court properly granted motion to dismiss by debtor's spouse despite disallowance of spouse's claim.
ABI Membership is required to access the full summary of Martinez v. Arce (In re Martinez). 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 01,2008, LexisNexis #0309-035
Dec
01
2008
A.J. Rinella & Co. v. Bartlett (In re Bartlett)
Plaintiff creditor, a produce distributor, brought an adversary proceeding against defendant bankruptcy debtors who operated a wholesale produce business, seeking a determination that a debt arising from the debtors' purchase of produce from the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtors' fiduciary defalcation.
Ruling:
Produce distributor's failure to retain sale proceeds in trust pursuant to Perishable Agricultural Commodities Act resulted in nondischargeable debt.
ABI Membership is required to access the full summary of A.J. Rinella & Co. v. Bartlett (In re Bartlett). 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 01,2008, LexisNexis #0309-098
Oct
30
2008
Kristan v. Turner (In re Kristan)
Pro se appellant bankruptcy debtor was denied a discharge based on attempts to transfer property beyond the reach of creditors, and three years later the debtor asserted that appellee bankruptcy trustee engaged in fraud in administering the bankruptcy estate. The debtor appealed the orders of the U.S. Bankruptcy Court for the District of Maine which denied the debtor's motion to revoke denial of discharge and imposed sanctions.
Ruling:
Bankruptcy court properly denied motion to revoke denial of discharge.
ABI Membership is required to access the full summary of Kristan v. Turner (In re Kristan). 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 October 30,2008, LexisNexis #0209-068
Jul
25
2008
In re Withrow
An attorney filed a motion for a stay pending appeal to the Bankruptcy Appellate Panel for the First Circuit (BAP) of an order, which sanctioned him for violating Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 707(b)(4)(C) and (D) and ordered that sum paid to the chapter 7 trustee within 30 days.
Ruling:
Debtor's attorney denied stay pending appeal of sanctions for misrepresentations in debtor's statements and schedules.
ABI Membership is required to access the full summary of In re Withrow. 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 July 25,2008, LexisNexis #0808-130
Jul
03
2008
In re Withrow
The court issued an order requiring the attorney for a chapter 7 debtor to show cause why he should not, pursuant to Fed. R. Bankr. P. 9011(c)(1)(B), be sanctioned on account of alleged misrepresentations, omissions, and errors in the debtor's bankruptcy schedules, Statement of Financial Affairs, and Rebuttal of Presumption of Abuse.
Ruling:
Debtor's attorney sanctioned for failure to meet obligations to review schedules and resolve or explain contradictions and inconsistencies.
ABI Membership is required to access the full summary of In re Withrow. 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 July 03,2008, LexisNexis #0708-129
Apr
14
2008
Houghton v. United States (In re Szwyd)
Plaintiff chapter 7 trustee requested that the court compel defendant United States to marshal certain assets of defendant debtor on which the government held tax liens, in order to preserve funds of the bankruptcy estate. Pending was the "United States' Motion to Dismiss" filed by the U.S. Department of Justice on behalf of the U.S. Department of the Treasury and the Internal Revenue Service, pursuant to Fed. R. Bankr. P. 7012(b)(6).
Ruling:
Trustee in role as hypothetical lien creditor could invoke doctrine of marshalling against IRS.
ABI Membership is required to access the full summary of Houghton v. United States (In re Szwyd). 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 14,2008, LexisNexis #0508-104
Jan
04
2008
In re Laberge
In connection with a chapter 7 bankruptcy filed by debtor, a husband whose wife did not join him in the filing, the court considered, pursuant to 11 U.S.C. § 329, the propriety of compensation received by one of debtor's two attorneys (attorney 1) for services rendered in or in connection with the case.
Ruling:
Attorney who did little other than encourage debtor to hire second attorney ordered to disgorge fees.
ABI Membership is required to access the full summary of In re Laberge. 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 January 04,2008, LexisNexis #0108-111