Search Opinion

Cassel v. Globerson (In re Kolb)

Chapter 11 trustee brought claims against successor trustees and sons of the debtor, alleging those defendants were jointly and severally liable for distributing and converting assets belonging to the bankruptcy estate. The trustee moved for partial summary judgment, and the successor trustees and sons moved to dismiss the complaint.
Ruling: 
Order for distribution of trust proceeds that were property of the estate by probate court that was not notified of bankruptcy did not provide a defense to trustee's action for wrongful distribution and conversion of assets.
ABI Membership is required to access the full summary of Cassel v. Globerson (In re Kolb). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Taxel v. Chase Manhattan Bank (In re Deuel)

Appellant chapter 7 trustee sought review of a decision of the Bankruptcy Court for the Southern District of California, which denied the trustee's motion for summary judgment and granted the cross-motion of appellee bank. The bank had filed a motion to quiet title to a deed of trust in the debtor's real property. The trustee sought to recover the property for the estate pursuant to 11 U.S.C. § 544(a)(3).
Ruling: 
Trustee could recover property free and clear as bono fide purchaser for value where deed of trust securing bank loan had not been recorded.
ABI Membership is required to access the full summary of Taxel v. Chase Manhattan Bank (In re Deuel). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Gaughan v. Edward Dittlof Revocable Trust (In re Costas)

Appellee chapter 7 trustee sued appellant debtor pursuant to 11 U.S.C. § 548, seeking to avoid as a fraudulent conveyance a disclaimer by the debtor of her interests in a trust. The Bankruptcy Court for the District of Arizona granted the debtor's summary judgment motion and denied the relief sought by the trustee. The trustee appealed.
Ruling: 
Panel affirmed judgment finding that debtor's disclaimer was not fraudulent transfer of property since panel ruled that bankruptcy law did not preempt state law in defining property interests.
ABI Membership is required to access the full summary of Gaughan v. Edward Dittlof Revocable Trust (In re Costas). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Wolff v. Johnson (In re Johnson)

Appellee chapter 13 debtor's amended plan provided that attorneys'fees remaining unpaid at the completion of the case would not be discharged and would be paid directly by the debtor after entry of his discharge. The Bankruptcy Court for the Eastern District of California, although it approved the fees, nevertheless indicated that appellant, debtor's counsel, could not collect fees from the debtor after entry of discharge.
Ruling: 
Appellate panel reversed bankruptcy court by finding that plan provision calling for payment of attorney's fees after plan completion was permissible.
ABI Membership is required to access the full summary of Wolff v. Johnson (In re Johnson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Dick Cepek Inc.

With court approval, a bankruptcy debtor paid a retainer to appellant law firm for representation in chapter 11 proceedings, and appellee bankruptcy trustee sought disgorgement of the retainer under 11 U.S.C. § 726(b) after the case was converted to chapter 7. The law firm appealed the order of the Bankruptcy Court for the Central District of California which required disgorgement.
Ruling: 
Disgorgement order was vacated, and case was remanded to determine if law firm had a security interest in its retainer such that it would not be subject to disgorgement following conversion of a case to chapter 7 for distribution among unsecured administr
ABI Membership is required to access the full summary of In re Dick Cepek Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Campbell v. Verizon Wireless S-CA (In re Campbell)

Appellant chapter 13 debtors objected to four proofs of claim. The bankruptcy court sua sponte held prove-up hearings and overruled the objections made under 11 U.S.C. § 502(b)(1) that the proofs of claim lacked required documentation. The debtors appealed.
Ruling: 
Debtors'objections to four proofs of claim were rejected since debtors did not contest their liability and since lack of documentation was not sufficient grounds for disallowing the proofs of claim.
ABI Membership is required to access the full summary of Campbell v. Verizon Wireless S-CA (In re Campbell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages