Search Opinion

Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont)

In an appeal from an adversary proceeding, appellant debtor sought judicial review of the bankruptcy court's finding that the recoupment and offset of his disability benefits by appellee, the United States of America, ex rel., Department of Veterans Affairs (VA), did not violate the automatic stay provision of 11 U.S.C.S. § 362 nor the discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524.
Ruling: 
Recoupment and offset of disability benefits by Department of Veterans Affairs did not violate stay.
ABI Membership is required to access the full summary of Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont). 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 29,2008, LexisNexis #0209-027

Bankruptcy Estate of Elliott v. Oklahoma ex rel. Dept of Corrections

Plaintiff trustee of the bankruptcy estate of a former employee brought an action against defendant state employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., alleging that the employee was constructively discharged based on a racially hostile and harassing work environment. The employer moved for summary judgment.
Ruling: 
Trustee's civil rights action against debtor's employer on behalf of estate was not barred by debtor's nondisclosure.
ABI Membership is required to access the full summary of Bankruptcy Estate of Elliott v. Oklahoma ex rel. Dept of Corrections. 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 16,2008, LexisNexis #1108-065

Connolly v. Spaulding (In re Van Vleet)

Defendant creditor asserted that he loaned money to a corporation in a foreign country in which the debtor had a one hundred percent equity interest and that because the corporation was not a party to the bankruptcy, withdrawal of the reference under 28 U.S.C.S. § 157(d) was appropriate. Plaintiff trustee objected, contending that the debtor should not be liable to the creditor.
Ruling: 
Court declined to withdraw reference of case against corporation in which debtor had 100% equity interest.
ABI Membership is required to access the full summary of Connolly v. Spaulding (In re Van Vleet). 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 10,2008, LexisNexis #1108-093

Greene v. Burke (In re Burke)

Appellee debtor filed an adversary proceeding against appellant creditor, seeking a judgment that a claim the creditor filed against the debtor's bankruptcy estate was invalid. On remand from a decision by the district court, the Bankruptcy Court for the District of Colorado sustained the debtor's objections to the creditor's claim. The creditor appealed.
Ruling: 
Bankruptcy court properly reviewed validity of state court judgment that recognized judgment against debtor by Mexican court.
ABI Membership is required to access the full summary of Greene v. Burke (In re Burke). 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 29,2008, LexisNexis #1008-104

Bennett v. Society of Lloyds (In re Bennett)

Debtor filed an adversary proceeding against appellee judgment creditor, seeking an order allowing him to offset the amount of a judgment the creditor obtained in a district court by the amount of a judgment that was entered by a British court. The bankruptcy court found that the action was frivolous, and it ordered the debtor's attorney to pay the creditor's attorney fees in the amount of $ 23,305. The debtor's attorney appealed.
Ruling: 
Sanctions against debtor's attorney for filing frivolous proceeding upheld and fees awarded to creditor for defending appeal.
ABI Membership is required to access the full summary of Bennett v. Society of Lloyds (In re Bennett). 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 24,2008, LexisNexis #1008-105

Hook v. Commissioner (In re Hook)

Appellant debtors commenced an adversary proceeding against appellee, the Commissioner of Internal Revenue (IRS), seeking a determination of their federal income tax liabilities for the tax years 1992 through 2006, and appealed from an order of the United States Bankruptcy Court for the District of Colorado dismissing the adversary proceeding with respect to 1992- 1996.
Ruling: 
Tax determination proceeding properly dismissed given dismissal of underlying chapter 11 claim.
ABI Membership is required to access the full summary of Hook v. Commissioner (In re Hook). 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 18,2008, LexisNexis #1008-016

Williamson v. Sherlock (In re Sherlock)

Chapter 7 trustee sought review of a decision of a bankruptcy court, which declined to apply the doctrine of marshaling to collect the pre-petition portion of appellee debtors'income tax refund that was offset by the Internal Revenue Service (IRS).
Ruling: 
Bankruptcy court properly declined to apply marshaling doctrine to collect prepetition income tax refund offset by IRS.
ABI Membership is required to access the full summary of Williamson v. Sherlock (In re Sherlock). 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 11,2008, LexisNexis #1008-011

Jagow v. Top Hill LLC (In re Townhomes at Hill Top LLC)

Defendant creditors filed a motion for withdrawal of the reference under 28 U.S.C.S. § 157(d) to the bankruptcy court of plaintiff trustee's action for a declaratory judgment that the plans and records in the possession were estate property free from liens.
Ruling: 
Complaint for declaratory judgment that plans and records were estate property was a core proceeding not subject to mandatory withdrawal of reference.
ABI Membership is required to access the full summary of Jagow v. Top Hill LLC (In re Townhomes at Hill Top 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 May 14,2008, LexisNexis #0708-034

Harwell v. Martinez (In re Harwell)

Appellant debtor challenged a decision of the United States Bankruptcy Court for the District of Colorado that granted appellee chapter 7 Trustee's motion for approval of sales commission that awarded a three percent real estate commission to appellee real estate broker. The debtor contended that the court awarded the fee without considering all of the factors set forth in 11 U.S.C.S. § 330(a)(3).
Ruling: 
Award of commission to real estate broker remanded due to bankruptcy court's failure to consider lack of evidence of time spent on matter.
ABI Membership is required to access the full summary of Harwell v. Martinez (In re Harwell). 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 19,2008, LexisNexis #0408-097

Parks v. FIA Card Serv. (In re Marshall)

Appellant trustee challenged a final order and judgment wherein a bankruptcy court designated transfers of the debtors made within the 90 day avoidable period provided under 11 U.S.C.S. § 547(b) to fail to qualify as a "transfer of interest in property." Consequently, the disputed transfers were excluded from the bankruptcy estate. The trustee contended that the disputed transfers were preferential.
Ruling: 
Bankruptcy court properly held that bank to bank transfers of credit were not preferential.
ABI Membership is required to access the full summary of Parks v. FIA Card Serv. (In re Marshall). 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 February 27,2008, LexisNexis #0308-136