Search Opinions
Judge Keywords
Total: 173

In re Thomas William Reimann, Case No. 09-37695 Published: In re Reimann, 436 B.R. 564 (September 2010) -- Judge McGarity

State Department of Corrections did not violate the automatic stay when it deducted funds from chapter 7 debtor's prisoner trust account postpetition and applied them against an obligation to pay for medical services received while he was in prison. The obligation was a nondischargeable penalty, as well.


In re Dwight & Robecca Glaubitz, Case No. 09-38348 Published: In re Glaubitz, 436 B.R. 99 (August 2010) -- Judge McGarity

Debtors were not eligible for chapter 13 because their unsecured debts exceeded cap set forth in section 109(e).  The debtors' liabilities relating to their personal guarantees of corporate debt were not contingent.


In re Scott & Annabelle Wettstein, Case No. 09-36498, Tammy Montonati v. Scott Wettstein, Adv. No. 10-2124 (July 2010) -- Judge McGarity

Under doctrine of judicial estoppel, chapter 13 debtor was prohibited from arguing his conduct did not result in a willful and/or malicious injury pursuant to sec. 1328(a)(4), due to his previous state court stipulation that obligation was nondischargeable based on the willful and malicious injury to plaintiff.


In re Valley Petroleum, LLC, Case No. 09-28869, Debtor v. Garrow Oil Corp., Adv. No. 09-2328 (July 2010) -- Judge McGarity

Certain electronic fund transfers and credit card receivables received prepetition by the chapter 11 debtor's fuel supplier were avoidable preferences.  Because payment terms for new fuel shipments changed from being due 10 days after delivery to cash-in-advance, the additional payments on the balance owed the supplier were neither contemporaneous exchanges for new value nor made in the ordinary course of the parties' business.


In re Share Building Products, Inc., Case No. 09-21553 (June 2010) -- Judge McGarity

Court overruled chapter 11 debtor's objections to claims of former employees.  Employees were entitled to wages earned but not paid pursuant to doctrine of quantum meruit.


In re Vance Robert Schuster, Case No. 08-20892 Published: In re Schuster, 428 B.R. 833 (May 2010) -- Judge McGarity

Because chapter 13 debtor failed to establish the untimely filing of claim on behalf of omitted creditor was the result of his excusable neglect, his motion for enlargement of time in which to file a claim was denied.  Even if excusable neglect had been established, any amount still due and owing to omitted creditor upon debtor's discharge would remain nondischargeable.


In re Todd & Kathryn Brennecke, Case No. 09-34193 (April 2010) -- Judge McGarity

Court sustained chapter 13 trustee's objection to confirmation of plan based upon debtors' erroneous calculation of tax obligations.


In re Federico Teran, Case No. 09-37858 (April 2010) -- Judge McGarity

Secured creditor opposed confirmation of chapter 13 plan which required creditor to notify debtor annually of accrued postpetition fees, expenses or charges.  The court overruled the objection, finding the annual notice requirement was not onerous.


In re CAM Recycling & Materials, Inc., Case No. 09-25303 (April 2010) -- Judge McGarity

Minority owner and major creditor of chapter 7 corporate debtor objected to the proofs of claim of the debtor's majority owner and former employee. The court sustained the objections and found the claimants were not entitled to compensation under the doctrine of quantum meruit.


In re Mary Nunez, Case No 09-32442 (March 2010) -- Judge McGarity

Chapter 13 trustee opposed confirmation of plan because it limited contribution of one half of the debtor's tax refund to shorten the length of the plan rather than to pay unsecured creditors.  The court sustained the objection, finding if a below-median income debtor elects to propose a longer term than three years and the court for cause approves such longer term, the requirements for payment of disposable income (which includes tax refunds), in years four and five of the plan remain the same as those in the first three years of the plan.


1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 4 of 18