Search Opinion

ONeil v. IRS (In re ONeil)

Plaintiff debtor brought an adversary proceeding against defendant I.R.S., alleging that the asserted federal tax obligations had been discharged in his chapter 13 case. The I.R.S. moved for summary judgment.
Ruling: 
Debtor's postpetition successor liability for taxes of wholly owned corporation were not provided for in plan and not discharged.
ABI Membership is required to access the full summary of ONeil v. IRS (In re ONeil). 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 23,2008, LexisNexis #0309-139

In re Styles

In calculating expenses for purposes of proposing a plan, a bankruptcy debtor claimed operating and ownership expenses for two vehicles. The bankruptcy trustee moved to deny confirmation of the debtor's plan on the ground that the single debtor was not entitled to claim expenses for more than one vehicle.
Ruling: 
Single debtor could claim expense deductions for more than one motor vehicle.
ABI Membership is required to access the full summary of In re Styles. 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 November 21,2008, LexisNexis #0209-015

Payne v. Wyeth Pharms. Inc.

In a negligence action brought by plaintiff, defendant filed a motion in limine to exclude plaintiff's medical bills.
Ruling: 
Medical bills discharged in bankruptcy could not be used as evidence of special damages in debtor's negligence action.
ABI Membership is required to access the full summary of Payne v. Wyeth Pharms. Inc.. 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 November 12,2008, LexisNexis #1208-084

In re Demesones

The United States Trustee filed motions to dismiss each of the bankruptcy cases for abuse, contending that they should be dismissed for presumptive abuse under 11 U.S.C.S. § 707(b)(2), or , in the alternative, actual abuse under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Evidentiary hearings necessary to determine whether cases should be dismissed for abuse based on improper deductions.
ABI Membership is required to access the full summary of In re Demesones. 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 28,2008, LexisNexis #0909-013

Buesgens v. Bergman (In re Bergman)

Plaintiff employee was ordered to show cause why his adversary proceeding for employment discrimination against defendants, a debtor, the trustee, the officials, and the attorneys, should not have been dismissed for lack of jurisdiction.
Ruling: 
Employment discrimination proceeding by third party whose only connection with bankruptcy was a similar complaint by debtor dismissed for lack of subject matter jurisdiction
ABI Membership is required to access the full summary of Buesgens v. Bergman (In re Bergman). 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 21,2008, LexisNexis #0309-056

In re Fitzgerald

Chapter 13 debtors objected to a proof of claim filed by the IRS, and the IRS objected to the confirmation of the debtors'plan under 11 U.S.C.S. § 1322(a)(2).
Ruling: 
IRS Trust Fund Recovery penalty was personal to the debtors and had to be provided for in plan.
ABI Membership is required to access the full summary of In re Fitzgerald. 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 #0209-127

Smith v. McLeskey (In re Bay Vista of Va. Inc.)

Defendants, creditors of a chapter 7 debtor, moved pursuant to 28 U.S.C.S. § 1334 for abstention of the complaint filed by plaintiff chapter 7 trustee, which sought a turnover pursuant to 11 U.S.C.S. § 542 of excess funds collected by the creditors on certain notes, alleged a breach of contract, and alleged that the creditors were judicially estopped from collecting an amount in excess of what they represented to a state court was owed them.
Ruling: 
Bankruptcy court declined to abstain from proceeding for turnover of excess funds received by creditor in foreclosure of debtor's property.
ABI Membership is required to access the full summary of Smith v. McLeskey (In re Bay Vista of Va. Inc.). 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 September 24,2008, LexisNexis #1108-019

In re Rodriguez

Debtors claimed two motor vehicles as exempt under 11 U.S.C.S. § 522(b)(3)(B), asserting that the vehicles were exempt as tenants by the entirety property. The chapter 7 trustee objected, contending that motor vehicles would not be held as tenants by the entirety.
Ruling: 
Vehicles could not be exempted as tenants by the entirety property where state law did not allow for entireties ownership of vehicles.
ABI Membership is required to access the full summary of In re Rodriguez. 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 #1208-011

In re Lee

A debtor filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1).
Ruling: 
Debtor with income above 150 percent of poverty line not entitled to waiver of filing fee but allowed to make payments in installments.
ABI Membership is required to access the full summary of In re Lee. 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 12,2008, LexisNexis #1108-020

In re Shegog

The administratrix of an estate sought to reopen a debtor's chapter 7 case under 11 U.S.C.S. § 350 to lift the automatic stay and to pursue applicable insurance proceeds under Va. Code Ann. § 38.2-2200 (2008). The debtor opposed, arguing laches and legal prejudice.
Ruling: 
Case reopened to allow administratrix of decedent's estate who did not receive proper notice to pursue insurance proceeds to satisfy medical malpractice claim.
ABI Membership is required to access the full summary of In re Shegog. 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 #1208-062

Pages