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New Cases For the Week of October 1, 2007 - October 5, 2007
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Click here to search prior New Opinion summaries.
October 11, 2007 |
Case |
Court |
Holding |
In re Union Home and Industrial, Inc.,
(DBN Subscription Required) |
10th Cir. BAP |
The bankruptcy court did not err in refusing to enter a final decree because final fee applications had not yet been submitted or determined. |
Shapiro v. Plante & Moran
(DBN Subscription Required) |
Bankr. E.D. Mich. |
The conduct of a bankruptcy trustee and his counsel in failing to disclose 36 boxes of documents requested by the defendant, and erroneously telling the court that the documents were destroyed, was gross negligence warranting dismissal of the trustee's complex accounting malpractice suit against the defendant. |
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October 10, 2007 |
Case |
Court |
Holding |
In re Flanagan
(DBN Subscription Required)
(large download) |
2nd Cir. |
In two separate but related adversary bankruptcy proceedings, denial of appellants' request for the imposition of a constructive trust over certain securities is affirmed primarily where appellants make no argument as to why the debtor's general creditors would be unjustly enriched by the estate's continued ownership interest in the stock. |
Original Order
(DBN Subscription Required)
Amendment
(DBN Subscription Required)
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Bankr. EDMI |
ED MI Bankruptcy Court Issues Amendment To Presumptive Allowed Ch. 13 Fees |
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October 9, 2007 |
Case |
Court |
Holding |
In re Presto
(DBN Subscription Required)
(large download)
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Bankr. SDTX |
A debtor who, pre-petition, executed his ex-spouse's signature on: (i) an amended joint tax return for a pre-divorce period and (ii) a joint tax refund check from that return, and also failed to remit to the ex-spouse her $12,284 share of the refund, owed a debt arising from "fraud, deceit or manipulation in a fiduciary capacity," warranting the disallowance of his $550,000 homestead exemption under 11 USC 522(q), except to the extent of $125,000.
Where a debtor was awarded his ex-spouse's share of his prior residence in a divorce that occurred during the 1215-day period, that award represented "acquisition" by the debtor of his ex-spouse's 1/2 interest in his prior residence during the 1215-day period. The debtor's later use of the proceeds of that residence to purchase a new Texas homestead was only partially entitled to the safe harbor of 11 USC 522(p)(2)(B), since some of the proceeds were attributable to an interest acquired by the debtor during the 1215-day period via the divorce decree. |
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October 8, 2007 |
Case |
Court |
Holding |
In re Refco, Inc.
(DBN Subscription Required) |
2nd Cir. |
Order of bankruptcy court approving settlement of a preference action against the creditor is affirmed as investors have no standing to contest the settlement, and that the joint official liquidators are precluded from appealing the settlement. |
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