Search Opinion

In re Skeen Goldman LLP

Creditors moved to dismiss the chapter 11 case. The debtor had filed a previous bankruptcy case in which the debtor and creditors entered into a settlement agreement.
Ruling: 
Second chapter 11 case, filed to hinder and delay creditor with whom debtor had settlement agreement that resolved prior case, dismissed.
ABI Membership is required to access the full summary of In re Skeen Goldman LLP. 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 20,2007, LexisNexis #0208-014

In re Smith

A bankruptcy trustee asserted that a bankruptcy debtor's secured debt exceeded the debt limitation of 11 U.S.C. § 109(e) for eligibility for chapter 13 relief, and that the debtor filed the case in bad faith. The trustee moved to dismiss the debtor's case.
Ruling: 
Debtor's acquisition of property, without consideration, but subject to secured claims, caused debtor to exceed chapter 13 eligibility limit.
ABI Membership is required to access the full summary of 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 13,2007, LexisNexis #0108-037

In re Kabia

A chapter 7 debtor objected to the trustee's final report and proposed distribution to creditors, asserting that the payments to the secured creditors should not be considered in the calculations of the trustee's compensation under 11 U.S.C. § 326(a).
Ruling: 
Cash payments to secured creditors properly considered in calculation of trustee's compensation.
ABI Membership is required to access the full summary of In re Kabia. 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 04,2007, LexisNexis #0108-073

In re Bellamy

Counsel for a chapter 13 debtor filed an application for payment of counsel fees as an administrative expense pursuant to 11 U.S.C. § 1326(b).
Ruling: 
Attorneys'fees to be paid prior to distribution to creditors to the extent fees had been earned and were not for future performance.
ABI Membership is required to access the full summary of In re Bellamy. 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 28,2007, LexisNexis #0108-088

Kalliope Constr. LLC v. Hilburn (In re Hilburn)

Plaintiff creditor and defendant chapter 7 debtor filed motions for summary judgment in the creditor's action, which sought to except debt owed it from discharge under 11 U.S.C. § 523(a)(6).
Ruling: 
Arbitrator's award for breach of fiduciary duty and conversion was nondischargeable.
ABI Membership is required to access the full summary of Kalliope Constr. LLC v. Hilburn (In re Hilburn). 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 29,2007, LexisNexis #1207-046

In re Center for Mgmt. & Tech. Inc.

The petitioners who filed an involuntary chapter 7 case against the alleged debtor filed an emergency motion for appointment of an interim trustee pursuant to 11 U.S.C. § 303(g).
Ruling: 
Interim trustee appointed in involuntary case of 501(c)(3) organization.
ABI Membership is required to access the full summary of In re Center for Mgmt. & Tech. 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 26,2007, LexisNexis #1207-041

In re Adams

The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(1) and (b)(3).
Ruling: 
Case dismissed on consideration of nondebtor spouse's contributions to household income and numerous acts to hinder, delay and defraud creditors.
ABI Membership is required to access the full summary of In re Adams. 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 19,2007, LexisNexis #1107-116

In re Robinson-Wolf

At the behest of the court, a chapter 7 trustee filed a supplemental memorandum in support of his application for allowance of compensation and reimbursement of expenses for work performed in the brief period before the conversion of the debtors'case to chapter 13.
Ruling: 
Chapter 7 trustee's request for compensation for period prior to conversion to chapter 13 granted.
ABI Membership is required to access the full summary of In re Robinson-Wolf. 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 10,2007, LexisNexis #1107-073

Columbo Bank v. Sharp (In re Sharp)

Plaintiff creditor filed a motion for reconsideration of an order denying its complaint against defendant debtor for nondischargeability of a mortgage under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Mortgage extended based on stale financial and title reports was dischargeable.
ABI Membership is required to access the full summary of Columbo Bank v. Sharp (In re Sharp). 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 28,2007, LexisNexis #1107-026

In re Byrd

Petitioner chapter 7 trustee filed a motion to hold respondent debtors in contempt and for an award of monetary sanctions based on their violations of a production order and 11 U.S.C. § 521.
Ruling: 
Discharge denied due to debtors'ongoing violations of production orders.
ABI Membership is required to access the full summary of In re Byrd. 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 27,2007, LexisNexis #1107-045

Pages