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