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

Search Opinion

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.
ABI Membership is required to access the full summary of Martinez v. Hutton (In re Harwell). 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 29,2010, LexisNexis #0111-105

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.
ABI Membership is required to access the full summary of In re Buttermilk Towne Ctr. LLC. 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 23,2010, LexisNexis #0111-076

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.
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 December 23,2010, LexisNexis #0111-074

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.
ABI Membership is required to access the full summary of In re Kane. 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 21,2010, LexisNexis #0111-055

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.
ABI Membership is required to access the full summary of KABB Pship v. Faye Foods Inc. (In re Faye Foods 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 20,2010, LexisNexis #0111-070

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.
ABI Membership is required to access the full summary of Kendall v. Able Debt Settlement Inc. (In re Kendall). 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 09,2010, LexisNexis #0111-021

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.
ABI Membership is required to access the full summary of Holsinger v. Hanrahan (In re Miell). 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 09,2010, LexisNexis #0111-006

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.
ABI Membership is required to access the full summary of Minnesota v. Moretto (In re Moretto). 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 09,2010, LexisNexis #0111-009

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.
ABI Membership is required to access the full summary of Doeling v. Coating Specialties LLC (In re Toftness). 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 29,2010, LexisNexis #1210-094

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.
ABI Membership is required to access the full summary of Fursman v. Ulrich (In re First Prot. 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 22,2010, LexisNexis #0111-022

Pages