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Case Summaries

Bankruptcy Law

[03/07] Schoenmann v. Bank of the West
In an adversary proceeding brought by a chapter 7 bankruptcy trustee, the district court's order affirming the bankruptcy court's summary judgment in favor of the defendant is reversed where courts may account for hypothetical preference actions within a hypothetical chapter 7 liquidation when such an inquiry is factually warranted, is supported by appropriate evidence, and the action would not contravene an independent statutory provision.

[03/01] Robinson v. Worley
In a Chapter 7 bankruptcy appeal, the district court's judgment affirming the bankruptcy court's denial of debtor's discharge under the false oath provision of 11 U.S.C. section 727(a)(4), is affirmed where that debtor intentionally lowballed his estimate of the value of his interest in a real estate investment company at just 4% of his initial capital contribution.

[02/06] Cadle Co. v. Fletcher
In an action claiming fraudulent transfer of assets, the district court's grant of summary judgment to plaintiff and denial of defendant's motion for summary judgment are affirmed where Conn.Gen. Stat. sections 52?361a and 52?367b do not exempt a judgment debtor's post?garnishment residual wages from further execution to the Connecticut Supreme Court.

[01/23] Khan v. Barton
In a bankruptcy case that was converted to Chapter 13 from Chapter 7, the bankruptcy court's judgment is affirmed where: 1) a creditor's claims were not subordinated because the creditor's claims did not arise out of a purchase or sale of securities, but rather were based upon a judgment entered against the debtors on account of their actions in fraudulently converting the creditor's stock; and 2) the bankruptcy court did not clearly err when it found bad faith and did not abuse its discretion when it converted debtors' Chapter 13 bankruptcy proceedings to Chapter 7 proceedings.

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