Search Opinion

In re Dufva

The debtors claimed exemptions under Nevada's exemption laws. The chapter 7 Trustee objected claiming that Missouri's exemption laws applied. The issue was how to calculate "the 730 days immediately preceding the date of the filing of the petition" under 11 U.S.C.S. § 522(b)(3)(A).
Ruling: 
730 day residency requirement for filing in debtor's new domicile reflects calander days not 24-hour periods.
ABI Membership is required to access the full summary of In re Dufva. 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 May 13,2008, LexisNexis #0608-041

In re Spencer

The court had already entered an order granting the United States Trustee's motion, pursuant to 11 U.S.C.S. § 521(i)(2), to dismiss the debtor's case on the basis of 11 U.S.C.S. § 521(i)(1). At issue was the proper date on which the dismissal should be deemed to have become effective, the date the order was entered, or 45 days following the date on which the petition was filed.
Ruling: 
Dismissal for failure to file required schedules and statements was effective on date of order, not on earlier expiration of 45-day deadline.
ABI Membership is required to access the full summary of In re Spencer. 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 May 13,2008, LexisNexis #0808-012

In re Kelton

A chapter 13 debtor filed a motion to strike an auditor's report, which had been prepared pursuant to § 603 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, § 603, 119 Stat. 23, 122 (2005), and 28 U.S.C.S. § 586(f). The United States Trustee filed a motion for a Fed. R. Bankr. P. 2004 examination. The debtor filed a motion for a protective order.
Ruling: 
Motion to strike auditor's report denied and Rule 2004 examination ordered.
ABI Membership is required to access the full summary of In re Kelton. 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 May 13,2008, LexisNexis #0708-025

In re Aloha Airlines Inc.

A chapter 7 trustee filed an emergency motion for the entry of an order confirming the sale of the debtors' air cargo assets pursuant to 11 U.S.C.S. § 363 free and clear of liens, claims, encumbrances, and interests, and approving the assumption and assignment of certain executory contracts under 11 U.S.C.S. § 365.
Ruling: 
Emergency motion for confirmation of sale of debtor airline's cargo assets free and clear granted.
ABI Membership is required to access the full summary of In re Aloha Airlines 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 May 13,2008, LexisNexis #0708-004

Horn v. Lee (In re Horn)

Plaintiff debtor filed an adversary proceeding against defendant, his former spouse, seeking declaratory relief in the form of a finding that her claim against him was discharged and injunctive relief enjoining her from taking further action on her claim.
Ruling: 
Claim of former spouse who failed to file dischargeability proceeding within 60 days of creditors' meeting was discharged.
ABI Membership is required to access the full summary of Horn v. Lee (In re Horn). 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 May 13,2008, LexisNexis #0808-064

Canfield v. Stephenson (In re Stephenson)

Plaintiff, a pro se litigant, filed an adversary proceeding to determine that a state court judgment (Judgment) won by his wholly-owned company on account of certain delinquent taxes, penalties, and interest paid by the company to state and federal taxing authorities was nondischargeable under 11 U.S.C.S. § 523(a)(1). Also interested in the matter was debtor, an individual who had filed a chapter 7.
Ruling: 
Portion of judgment for withholding tax liabilities in favor oF creditor that retook control of company it originally sold to debtor was nondischargeable.
ABI Membership is required to access the full summary of Canfield v. Stephenson (In re Stephenson). 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 May 13,2008, LexisNexis #0608-113

In re Fiero

A creditor filed a motion to dismiss the chapter 7 case of a debtor pursuant to 11 U.S.C.S. § 707(a).
Ruling: 
Case dismissed due to debtor's ability to repay debts.
ABI Membership is required to access the full summary of In re Fiero. 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 May 12,2008, LexisNexis #0708-012

Scully v. State of Ark. Dept of Fin. & Admin. (In re Valley Food Serv. LLC)

Chapter 7 trustee filed a motion for summary judgment in her action, pursuant to 11 U.S.C.S. § 547(b), to avoid and to recover two allegedly preferential transfers that the debtor made to defendant, the state department of finance and administration, within 90 days before the debtor filed its bankruptcy petition.
Ruling: 
State soft drink tax payment within 90 days of petition date was a preferential transfer.
ABI Membership is required to access the full summary of Scully v. State of Ark. Dept of Fin. & Admin. (In re Valley Food Serv. LLC). 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 May 12,2008, LexisNexis #1008-082

United States Dept of Treasury v. Owens

Appellee debtor declared bankruptcy on March 5, 2004, and he sought to avoid liens the Internal Revenue Service (I.R.S.) placed on property he owned. The Bankruptcy Court for the Western District of Pennsylvania avoided $ 14,766 of $ 98,737 in tax liens the I.R.S. filed, and appellant U.S. Department of Treasury appealed.
Ruling: 
Tax liens assessed between petition date and reversion of exempt marital property were avoidable transfers.
ABI Membership is required to access the full summary of United States Dept of Treasury v. Owens. 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 May 09,2008, LexisNexis #0808-101

In re Pinckney

A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed on the ground that the schedules listed more secured debt than the maximum allowed under 11 U.S.C.S. § 109(e).
Ruling: 
Chapter 13 case ordered converted or dismissed due to secured debt in excess of limits.
ABI Membership is required to access the full summary of In re Pinckney. 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 May 09,2008, LexisNexis #0608-036

Pages