New Cases For the Week of January 21, 2002 -
January 25, 2002
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- The Source for Business Bankruptcy Information on the Internet
January
25, 2002
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Case
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Court
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Holding
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In
re Lawrence
(DBN Subscription Required) |
11th
Cir. |
Despite
the debtor's limited retained powers under an offshore trust,
the bankruptcy court did not err in finding that an offshore
trust was governed by the laws of Florida (rather than the
foreign laws specified in the trust instrument), and holding
the debtor/settlor in contempt (incarceration and $10,00/day
fine) until the trust assets were turned over. |
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January
21, 2002
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Case
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Court
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Holding
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Whitehouse
v. Laroche
(DBN Subscription Required) |
1st Cir. |
Creditors
relying upon any of the twelve other exceptions to discharge
prescribed in Bankruptcy Code § 523(a), including subsection
523(a)(7), may seek a nondischargeability determination in the
bankruptcy court, but are not required to do so. Bankruptcy
courts and nonbankruptcy courts alike are vested with
concurrent jurisdiction over nondischargeability proceedings
arising under Bankruptcy Code § 523(a)(7). At their
option, creditors seeking a nondischargeability determination
need not submit to the jurisdiction of the bankruptcy court,
but instead may invoke the jurisdiction of any appropriate
nonbankruptcy forum either before or after the bankruptcy
proceeding has been closed. The district court erred in
finding that creditors who did not "timely" commence
a dischargeability proceeding had forfeited their rights under
523(a)(7). |
In
re Cannon
(DBN Subscription Required) |
6th Cir. |
Because
funds that a trustee sought to recover under 11 USC 548 were
escrow funds held in trust by the debtor for homebuyers, the
trustee lacked standing to pursue fraudulent transfer claims.
Whether a particular cause of action belongs
to the debtor so that it constitutes "property of the
estate" depends upon state law. If the debtor could have
raised a state claim at the commencement of the bankruptcy
case, then that claim is the exclusive property of the
bankruptcy estate and cannot be asserted by a creditor. If the
cause of action does not explicitly or implicitly allege harm
to the debtor, then the cause of action could not have been
asserted by the debtor as of the commencement of the case, and
thus is not property of the estate. Whether a third
party commits an independent wrong against the trust or
participates in the trustee's breach of fiduciary duty, a
trustee who has committed a breach of trust can nonetheless
pursue a cause of action against the third party, although in
this circumstance the beneficiary may as well. Ordinarily,
this rule would permit the debtor's bankruptcy trustee to sue
third parties who participated in a prepetition breach of
trust. However, because the third party was not a bona
fide transferee for value, the transferred funds remain
subject to the prepetition trust, and the recovery of the
funds would benefit only the trust beneficiaries, and not the
general unsecured creditors of the bankruptcy estate.
This fact eliminates the bankruptcy trustee's standing to seek
recovery, since the bankruptcy trustee is authorized to act
only for the benefit of the bankruptcy estate, and not for the
benefit of third parties. |
In
re Poonja
(DBN Subscription Required) |
9th Cir. |
A
bankruptcy trustee may not surcharge a secured creditor after
the creditor's claim has been disallowed. |
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