Dec
29
2010
Martinez v. Hutton (In re Harwell)
Appellant Chapter 7 trustee filed a fraudulent transfer complaint against appellant attorney under 11 U.S.C.S. §§ 548(a)(1)(A) and 550(a)(1). A bankruptcy court granted summary judgment for the attorney, and the United States District Court for the Middle District of Florida affirmed. The trustee appealed.
Ruling:
Summary judgment in favor of attorney transferee reversed absent findings regarding control of funds or bad faith.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-105
Dec
23
2010
In re Buttermilk Towne Ctr. LLC
Appellant creditor sought review of two orders from the United States Bankruptcy Court for the Eastern District of Kentucky, which held that appellee, a single asset real estate debtor, provided adequate protection for the use of rents as cash collateral under 11 U.S.C.S. § 363 without an equity cushion in the property.
Ruling:
Ruling that single asset real estate debtor's use of rents as cash collateral without equity cushion provided adequate protection reversed.
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Commercial case opionion summary, case decided on December 23,2010, LexisNexis #0111-076
Dec
23
2010
In re Rodriguez
Appellant Chapter 13 debtors filed a motion in bankruptcy court to enforce the automatic stay under 11 U.S.C.S. § 362(a) against appellee creditor. The bankruptcy court denied the motion, finding that the creditor did not violate the stay, and the United States District Court for the District of New Jersey affirmed. The debtors appealed.
Ruling:
Finding that creditor's assessment of higher postpetition escrow payments did not violate stay reversed and remanded for determination of willfulness.
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Consumer case opionion summary, case decided on December 23,2010, LexisNexis #0111-074
Dec
21
2010
In re Kane
Debtor filed a motion in his chapter 13 bankruptcy proceeding to expunge appellee wife's claim with prejudice. The bankruptcy court expunged the claim without prejudice to refiling an equitable distribution claim. The United States District Court for the District of New Jersey affirmed. The debtor appealed.
Ruling:
Equitable distribution claim that was abandoned by trustee could be pursued in spouse's bankruptcy.
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Consumer case opionion summary, case decided on December 21,2010, LexisNexis #0111-055
Dec
20
2010
KABB Pship v. Faye Foods Inc. (In re Faye Foods Inc.)
Lessor brought an adversary proceeding against debtor which leased property from the lessor seeking a declaration that the lessor was entitled to the proceeds of a sale of the property by the debtor under a disputed option to purchase granted to the debtor in the lease. The debtor appealed the order of the U.S. Bankruptcy Court for the Western District of Tennessee which granted summary judgment to the lessor.
Ruling:
Bankruptcy court properly refused to pay administrative expense claim for debtor's real estate broker fees from proceeds of sale.
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Commercial case opionion summary, case decided on December 20,2010, LexisNexis #0111-070
Dec
09
2010
Kendall v. Able Debt Settlement Inc. (In re Kendall)
Plaintiff Chapter 7 trustee filed an adversary complaint against defendant debt settlement company in which it sought to recover service fees paid by the debtors on the ground that the fees were fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B). The United States Bankruptcy Court for the District of North Dakota entered judgment in favor of defendant. Plaintiff appealed.
Ruling:
Bankruptcy court did not err in denying avoidance of service fees for debt adjustment as fraudulent transfers.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-021
Dec
09
2010
Holsinger v. Hanrahan (In re Miell)
Plaintiff junior lienholders brought an adversary complaint against defendants, a Chapter 7 trustee and a bank. Plaintiffs sought a determination that their liens were unaffected by a sale of real property or a declaration that their liens attached to the proceeds from the sale. The United States Bankruptcy Court for the Northern District of Iowa granted the bank's motion to dismiss the complaint for failure to state a claim. Plaintiffs appealed.
Ruling:
Lienholder who did not object to or appeal from sale order was not entitled to relief.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-006
Dec
09
2010
Minnesota v. Moretto (In re Moretto)
Appellant Chapter 7 debtor sought judicial review of the United States Bankruptcy Court for the District of Minnesota' entry of summary judgment in favor of appellee creditor, the State of Minnesota (State). The State had filed a complaint against the debtor to determine the dischargeability of a stipulated restitution judgment debt that she owed to the State.
Ruling:
Stipulated restitution judgment was properly held nondischargeable.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-009
Nov
29
2010
Doeling v. Coating Specialties LLC (In re Toftness)
Chapter 7 trustee filed an action against defendants, a debtor and several businesses and financial entities, seeking an order under 11 U.S.C.S. § 727(d)(2) which revoked a discharge the debtor received after he declared chapter 7 bankruptcy. The U. S. Bankruptcy Court for the District of Minnesota entered an order revoking the debtor's discharge, and the debtor appealed.
Ruling:
Discharge properly revoked due to debtor's failure to disclose ownership of two LLCs or report payments received from energy company.
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Consumer case opionion summary, case decided on November 29,2010, LexisNexis #1210-094
Nov
22
2010
Fursman v. Ulrich (In re First Prot. Inc.)
Defendant debtors appealed from a judgment of the United States Bankruptcy Court for the District of Arizona, which granted plaintiff trustee the right to avoid the debtors' postpetition transfer of 50 percent of their interest in a non-debtor limited liability company (LLC) to debtor wife's mother, under 11 U.S.C.S. § 549.
Ruling:
Bankruptcy court properly allowed trustee to avoid debtors' postpetition transfer of 50 percent of interest in LLC to family member.
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Commercial case opionion summary, case decided on November 22,2010, LexisNexis #0111-022