Search Opinion

In re Alston

Creditor filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1307(c). The creditor argued that the debtor filed the petition in bad faith.
Ruling: 
Dismissal for bad faith denied using totality of circumstances approach.
ABI Membership is required to access the full summary of In re Alston. 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 August 27,2008, LexisNexis #1208-050

NABCO Inc. v. Holmes (In re Holmes)

Defendant debtor filed a motion to dismiss plaintiff corporation's adversary proceeding alleging that the debtor fraudulently transferred assets within one year of the filing of her chapter 7 petition.
Ruling: 
Untimely filed dischargeability complaint dismissed were creditor did not file request for extension of time.
ABI Membership is required to access the full summary of NABCO Inc. v. Holmes (In re Holmes). 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 August 27,2008, LexisNexis #1108-132

In re Shepard

A chapter 7 trustee filed an objection to debtors' exemptions and amended exemptions pursuant to Fed. R. Bankr. P. 4003(b), alleging that the debtors knowingly made a false representation as to the amount of their income tax refunds. He sought an order requiring the debtors to turn over the amount of undisclosed tax refunds.
Ruling: 
Debtors' exemption in tax refund limited to originally projected amount, not later undisclosed excess.
ABI Membership is required to access the full summary of In re Shepard. 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 August 25,2008, LexisNexis #1208-056

In re Alston

The debtor's former spouse filed an objection to the confirmation of his chapter 13 plan, and the debtor objected to the claim of the spouse based on a provision in the parties' separation agreement.
Ruling: 
Payment of credit card debt called for in separation agreement was a property settlement rather than a "domestic support obligation."
ABI Membership is required to access the full summary of In re Alston. 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 August 22,2008, LexisNexis #1208-036

In re Alexander

Chapter 7 debtors moved to reopen their case in order to file a motion for sanctions against creditor, which had filed a state court action against them. The creditor contended that the debt in question was not discharged pursuant to 11 U.S.C.S. § 523(a)(3), which excepted from discharge debts that were neither listed nor scheduled for determination of dischargeability under 11 U.S.C.S. § 523(a)(2), (4) or (6).
Ruling: 
Creditor whose claim was held dischargeable by bankruptcy court could nto relitigate issue in state court.
ABI Membership is required to access the full summary of In re Alexander. 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 August 20,2008, LexisNexis #1008-118

In re Artson

The debtor's counsel filed an application for approval and payment of supplemental compensation in a chapter 13 bankruptcy case. The trustee alleged that the plan was not sufficiently funded to allow payment of the fees without reducing the dividend currently being paid on unsecured claims.
Ruling: 
Additional compensation to chapter 13 debtor's attorney allowed to extent not reducing dividend on non-joint unsecured claims.
ABI Membership is required to access the full summary of In re Artson. 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 August 19,2008, LexisNexis #0908-133

In re Dugan

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and was represented throughout the case by counsel. The debtor's counsel filed a motion for approval and payment of supplemental compensation in the amount of $1,171.
Ruling: 
Additional attorneys' fees could be paid from plan to the extent previously reserved.
ABI Membership is required to access the full summary of In re Dugan. 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 August 18,2008, LexisNexis #0908-134

Brantley v. Williams

Plaintiffs, the putative purchasers of stock in the non-party debtor corporation from defendant seller, moved for a temporary restraining order and preliminary injunction to enjoin the sale of the stock pending the outcome of the involuntary bankruptcy case. The court considered the issue whether unusual circumstances were present, such that the automatic stay in the bankruptcy case should apply restrain further action in the instant case.
Ruling: 
Dispute involving purchase of non-party involuntary debtor corporation's stock stayed pending resolution of bankruptcy.
ABI Membership is required to access the full summary of Brantley v. Williams. 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 August 18,2008, LexisNexis #0908-001

Phillips v. Habboush (In re Business Communs. of Va.)

Plaintiff bankruptcy trustee sued defendant uncle of debtor's principals, seeking to recover a preferential transfer under 11 U.S.C.S. § 547, along with a monetary judgment representing unpaid loans from the debtor to the uncle. The court held a trial.
Ruling: 
Preference period payments to debtor's uncle were not made in ordinary course of business absent discernable pattern or business terms.
ABI Membership is required to access the full summary of Phillips v. Habboush (In re Business Communs. of Va.). 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 August 06,2008, LexisNexis #1108-100

In re Namie

A trustee objected to confirmation of a debtor's chapter 13 plan, pursuant to 11 U.S.C.S. § 1325(a)(3) and (b).
Ruling: 
Confirmation denied where debtor's housing expense exceeded personal net income.
ABI Membership is required to access the full summary of In re Namie. 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 August 05,2008, LexisNexis #0109-060

Pages