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

SJI Inc. v. Staehnke (In re SJI Inc.)

Defendants filed a claim for $86,221, arising from remodeling by plaintiff debtor. Debtor objected and counterclaimed for breach of contract in the amount of $146,000, for additional unpaid materials and labor provided and performed. The counterclaim also alleged debtor was owed $248,465, based upon quantum meruit, plus interest, costs, disbursements, and fees. Defendants sought abstention by the court in liquidating the claim and counterclaim.
Ruling: 
Bankruptcy court declined to abstain from hearing fact driven contract claim based on well settled law.
ABI Membership is required to access the full summary of SJI Inc. v. Staehnke (In re SJI 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 29,2010, LexisNexis #0111-138

In re Forkner

Chapter 7 debtors filed a motion for sanctions against creditor collection agent, seeking the return of funds garnished from debtor husband's wages, and also sought sanctions for violations of the automatic stay, including actual damages and punitive damages from Mr. Harvey under 11 U.S.C.S. § 362(k). The creditor was in the process of executing on a state court judgment against the debtors when he obtained knowledge they had filed a petition.
Ruling: 
Creditor's retention of pre- and postpetition garnished wages resulted in damages for violation of stay.
ABI Membership is required to access the full summary of In re Forkner. 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 22,2010, LexisNexis #0111-075

In re Double G Trucking of the Arlatex Inc.

A lessor filed an amended application for an administrative expense claim under 11 U.S.C.S. § 503(b)(1)(A) for rental obligations that accrued in the first 59 days after a chapter 11 debtor's petition was filed. The lessor also sought automatic administrative expense treatment under 11 U.S.C.S. § 365(d)(5) for obligations that accrued from the 60th day after the petition was filed until the date the equipment was surrendered.
Ruling: 
Lessor allowed administrative expense claims for tractor lease payments owed through date of rejection.
ABI Membership is required to access the full summary of In re Double G Trucking of the Arlatex 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 #0211-016

Hyundai Motor Fin. Co. v. McKay (In re McKay)

Plaintiff creditor filed a motion to enforce a settlement that was reached with defendant Chapter 7 debtor with respect to the creditor's complaint seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor objected to the motion.
Ruling: 
Creditor could enforce settlement which debtor agreed to but failed to execute as a nondischargeable debt.
ABI Membership is required to access the full summary of Hyundai Motor Fin. Co. v. McKay (In re McKay). 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 15,2010, LexisNexis #0111-122

In re McPheron

Creditor, the former spouse of the debtor, filed an objection to confirmation of the debtor's plan. The debtor filed an objection to the creditor's claim, which was classified as a domestic support obligation as defined by 11 U.S.C.S. § 101(14A).
Ruling: 
Mortgage debt, split between debtor and former spouse in divorce decree, was not a nondischargeable domestic support order.
ABI Membership is required to access the full summary of In re McPheron. 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 15,2010, LexisNexis #0111-124

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

Premier Bank v. Falco (In re Falco)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor made a claim for attorney's fees under § 523(d), which the creditor opposed.
Ruling: 
Timing of petition after renegotiation of loan and substitution of collateral did not provide grounds for nondischargeability absent showing of damages.
ABI Membership is required to access the full summary of Premier Bank v. Falco (In re Falco). 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 03,2010, LexisNexis #1210-115

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

Pages