Tag Archives: bankruptcy procedures

Abandonment: What Does It Take to Show Substantial Value?

Gill v. Kirresh (In re Gill), 574 B.R. 709 (9th Cir. BAP 2017) – A debtor moved to compel a chapter 7 trustee to abandon residential property on the basis that it was of inconsequential value to the bankruptcy estate. The … Continue reading

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Authority to File Bankruptcy: When Is a Veto Void as Against Public Policy?

Squire Court Partners L.P. v. Credit Enhanced Partners LP Series J (In re Squire Court Partners L.P.), 574 B.R. 701 (E.D. Ark. 2017) – A general partner filed a bankruptcy petition on behalf of a limited partnership without consent of … Continue reading

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Sovereign Immunity: Still Plenty of Room for Argument When You Try to Recover From the Government

Zazzali v. United States (In re DBSI, Inc.), 869 F.3d 1004 (9th Cir. 2017) – A chapter 11 trustee sought to recover a debtor’s prepetition tax payments to the federal government on the grounds that they were fraudulent transfers. The government … Continue reading

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Non-Dischargeability: Shuffling Assets Among Entities May Lead To Non-Dischargeability No Matter How Indirect and Difficult to Follow

Dz Bank Ag Deutsche Zentral-Genossenschaft Bank v. Meyer, 869 F.3d 939 (9th Cir. 2017)– The debtors caused assets to be transferred out of a closely-held corporation. A bank creditor alleged that the indirect transfer constituted a fraudulent transfer, and as … Continue reading

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Nondischarge for Fraud and the Like: Going After the Debtor May be Harder Than You Would Expect

Cowin v. Countrywide Home Loans, Inc. (In re Cowin), 864 F.3d 344 (5th Cir. 2017) – Deed of trust holders sought to except debts from discharge in a debtor’s individual chapter 11 case on the grounds of debtor’s larceny, embezzlement, or … Continue reading

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Deficiency Claims: State Law Procedures Can Safely Be Ignored … Or Not

Melikian Enterprises, LLLP v. McCormick, 863 F.3d 802 (8th Circuit 2017) – Individual chapter 11 debtors objected to a proof of claim filed by a deed of trust creditor for the deficiency remaining after a trustee’s sale of their property. … Continue reading

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Trustee Abandonment: Abandon Not Hope but A Home of Inconsequential Value

Jahn v. Burke (In re Burke), 863 F.3d 521 (6th Cir. 2017) – After a chapter 7 trustee moved to evict the debtors from their residence, the debtors moved to compel the trustee to abandon the property, arguing that the market … Continue reading

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