Nov
20
2008
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
Nov
17
2008
In re Fontaine
The chapter 7 debtors delivered a copy of their federal tax return to the chapter 7 trustee at the 11 U.S.C.S. § 341 meeting with the creditors. However, they did not deliver of copy of the return to a creditor until the next day. The creditor moved to dismiss the chapter 7 case. The debtors' objected to the motion.
Ruling:
Delivery of copy of tax return to creditor one day after it was provided to trustee was not grounds for dismissal.
ABI Membership is required to access the full summary of In re Fontaine. 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 17,2008, LexisNexis #1208-116
Nov
14
2008
In re Fatsis
After the debtor failed to make plan payments in a timely manner, his chapter 13 case was converted to a chapter 7 case. After the chapter 7 trustee learned at the 11 U.S.C.S. § 341 meeting that the debtor had transferred nonexempt stock without notice or authorization, he moved to hold the debtor in contempt for violation of the confirmation order and for sanctions. The debtor objected to the motion. The court held an evidentiary hearing.
Ruling:
Debtor sanctioned in amount received in unauthorized transfer of nonexempt stock.
ABI Membership is required to access the full summary of In re Fatsis. 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 14,2008, LexisNexis #1208-132
Nov
03
2008
King v. United States (In re King)
Defendants, the United States, the Internal Revenue Service (IRS), and two IRS agents, filed a motion to dismiss plaintiff chapter 13 debtors' action, which alleged willful violation of the automatic stay of 11 U.S.C.S. § 362, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Ruling:
Debtors' proceeding against IRS for willful violation of stay dismissed.
ABI Membership is required to access the full summary of King v. United States (In re King). 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 03,2008, LexisNexis #0109-040
Oct
29
2008
In re Vitalsigns Homecare Inc.
The matter came before the court for hearing on the chapter 7 trustee's motion to authorize the sale of property of the estate (namely, debtor's Medicare provider number), free and clear of liens, claims, and encumbrances, and the partial objection of the United States, on behalf of the Department of Health and Human Services (HHS). The potential purchaser filed a statement in support of the trustee's motion.
Ruling:
Trustee allowed to sell debtor's medicare provider number free and clear.
ABI Membership is required to access the full summary of In re Vitalsigns Homecare 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 October 29,2008, LexisNexis #0109-074
Oct
16
2008
Bartel v. Walsh (In re Bartel)
Plaintiff, the chapter 7 debtor, brought adversary claims seeking damages and injunctive relief against defendants, a former district attorney (D.A.) and a state police officer, alleging they violated the automatic stay by instituting criminal proceedings against him and seizing his financial records pursuant to a search warrant, depriving him of the protection of the automatic stay. The D.A. and the officer moved for summary judgment.
Ruling:
There are no exceptions to criminal prosecution exception from stay.
ABI Membership is required to access the full summary of Bartel v. Walsh (In re Bartel). 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 October 16,2008, LexisNexis #1108-059
Sep
15
2008
In re Diomed Inc.
A claimant in a chapter 11 debtor's bankruptcy case sought allowance and payment of an administrative claim pursuant to 11 U.S.C.S. § 503(a), § 503(b), and § 507(a)(2), consisting of royalties for the use of a patent in products that were sold postpetition but prior to the rejection of a license agreement, royalties for the bulk sale of products using the patent, net settlement proceeds derived from two settlements, and damages.
Ruling:
Administrative expense claims allowed for pre-rejection royalty claim and proceeds of patent settlement.
ABI Membership is required to access the full summary of In re Diomed 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 September 15,2008, LexisNexis #1008-040
Sep
03
2008
Emmes Capital LLC v. Fadili (In re Fadili)
Plaintiff judgment creditor filed a motion for summary judgment as to its count against defendant capter 7 debtor, seeking a determination that the prepetition judgment it held against the debtor was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling:
Debtor's false financial statement, affidavit and failure to respond to written request were insufficient to establish nondischargeability under 523(a)(2)(A).
ABI Membership is required to access the full summary of Emmes Capital LLC v. Fadili (In re Fadili). 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 September 03,2008, LexisNexis #1008-030
Jul
25
2008
In re Trickett
The debtor moved for adjudication of the issue whether the debtor's personalty, in the form of the debtor and his non-debtor spouse's joint federal tax refund for the tax year 2007, was the property of estate or was exempt.
Ruling:
Trustee entitled to one-half of tax refund accrued during prepetition period.
ABI Membership is required to access the full summary of In re Trickett. 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 July 25,2008, LexisNexis #0808-078
Jul
07
2008
Lerario v. Nardone (In re Nardone)
Plaintiff judgment creditors brought an adversary proceeding against defendant chapter 7 debtor, seeking to hold the debt arising from a consent judgment nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling:
Debtor collaterally estopped from challenging nondischargeability of consent judgment.
ABI Membership is required to access the full summary of Lerario v. Nardone (In re Nardone). 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 July 07,2008, LexisNexis #0808-062