Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Search Opinion

In re Michaud

In three chapter 13 cases, the trustee objected to confirmation of the debtors'chapter 13 plans on the grounds that the debtors were not using all of their disposable income to fund their chapter 13 plans, as required by 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Confirmation denied due to debtor's failure to devote income tax refund to plan.
ABI Membership is required to access the full summary of In re Michaud. 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 30,2008, LexisNexis #0209-130

Smith v. Pritchett (In re Smith)

Appellant debtor challenged the Bankruptcy Court for the District of New Hampshire's order overruling his objection to the proof of claim filed by appellee, his former spouse, and denying his motion to avoid her lien.
Ruling: 
Penalties for late alimony payments were not domestic support obligations and related lien was avoidable.
ABI Membership is required to access the full summary of Smith v. Pritchett (In re Smith). 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 #0309-001

In re Porter

The court issued an order to a bank to show cause regarding provisions contained in a reaffirmation agreement between debtors, a married couple who filed a chapter 7 case, and the bank relative to a mortgage on the couple's residence. At issue was whether approval of the agreement was properly denied by reason of the bank's failure to obtain an order allowing postpetition fees and expenses under 11 U.S.C.S. § 506(b).
Ruling: 
Approval of reaffirmation agreement denied due to failure to seek allowance for postpetition attorneys'fees that were included.
ABI Membership is required to access the full summary of In re Porter. 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 22,2008, LexisNexis #0209-111

Lassman v. Hegarty (In re Hegarty)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to revoke his discharge pursuant to 11 U.S.C.S. § 727(a)(3) or (a)(4)(D). The trustee asserted that the debtor failed to keep and produce or knowingly and fraudulently withheld statements and cancelled checks with respect to two separate bank accounts.
Ruling: 
Debtor's discarding of bank statements due to misunderstanding with trustee was not grounds for denial of discharge.
ABI Membership is required to access the full summary of Lassman v. Hegarty (In re Hegarty). 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 16,2008, LexisNexis #0309-125

Antognoni v. Basso (In re Basso)

Debtor appealed from an order of the Bankruptcy Court for the District of Massachusetts that denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and sustained plaintiff creditor's objection to his homestead exemption. The court denied the debtor's discharge under the continuous concealment doctrine, and denied the homestead exemption because he had filed the declaration of homestead in violation of a state court order.
Ruling: 
Denial of discharge on theory of "continuing concealment" reversed as homestead declaration announced, rather than hid, interest in property.
ABI Membership is required to access the full summary of Antognoni v. Basso (In re Basso). 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 09,2008, LexisNexis #0309-034

Richardson v. Preston (In re Antex Inc.)

Defendant transferee appealed a decision of the Bankruptcy Court for the District of Rhode Island that granted summary judgment in favor of plaintiff chapter 7 trustee, on his fraudulent transfer complaint.
Ruling: 
Bankruptcy court properly avoided transfer on basis that recipient, not paying corporate officer, was initial transferee.
ABI Membership is required to access the full summary of Richardson v. Preston (In re Antex 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 December 08,2008, LexisNexis #0309-033

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

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

In re Bernard

The United States Trustee moved to dismiss the debtors' case for abuse under 11 U.S.C.S. § 707(b)(2), or in the alternative, pursuant to 11 U.S.C.S. § 707(b)(3). The debtors objected to the motion. The court found that the motion turned on whether the debtors could properly deduct their income taxes withheld rather than the actual amount of the tax liability incurred.
Ruling: 
Case ordered dismissed or converted for abuse due to debtor's deduction of taxes withheld rather than actual tax liability resulted in understated current monthly income.
ABI Membership is required to access the full summary of In re Bernard. 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 20,2008, LexisNexis #1208-121

Rederford v. US Airways Inc.

Plaintiff former employee sued defendant airline, alleging that she was terminated in violation of the Americans with Disabilities Act. The airline then filed for chapter 11 bankruptcy protection. The employee's claim was disallowed after she failed to file a written response or request a hearing in response to the airline's objection to the class of claims that included her claim. The airline then moved to dismiss for failure to state a claim.
Ruling: 
Employee's ADA claim was discharged due to failure to respond to debtor's objection to relevant class of claims.
ABI Membership is required to access the full summary of Rederford v. US Airways 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 November 19,2008, LexisNexis #1208-138

Pages