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May
08
2007

Breen v. Guttman (In re Breen)

Appellant debtors sought review of an order of the bankruptcy court approving the settlement of litigation that one of the debtors (the employee) initiated against his former employer. The debtors objected to the settlement, which was negotiated by appellee trustee, on the grounds that a portion of the employee's claims against the employer were based on postpetition activity.
Ruling: 
Settlement of claims based on both pre- and postpetition activity affirmed.
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May
09
2006

Tidewater Fin. Co. v. Williams

Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
Ruling: 
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
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Feb
21
2006

French v. Peninsula Bank (In re French)

Appellant debtor appealed from an order of bankruptcy court, which granted appellee creditor's motion for summary judgment denying debtor a discharge in bankruptcy. The bankruptcy court held that summary judgment was proper under both 11 U.S.C. § 727(a)(3) (failure to maintain rec and ds).
Ruling: 
Debtor was denied discharge for failure to maintain adequate records and for making false statements, and the bankruptcy court did not err in refusing to give credence to the debtor's claim of mental impairment.
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