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2007’s last case round up … or is it?

6th cir

In re: Curry, No. 06-4217

Order denying creditor’s motion for relief from stay to allow sale of debtor’s repossessed automobile and overruling objection to confirmation of chapter 13 plan based on “cram down” treatment of the claim secured by that automobile is affirmed for the reasons cited in the opinion.

In re: S. Air Transp., Inc., No. 06-3796

Trustee failed to meet burden of proof as to elements of preferential transfer under sec. 547(b) – as a result a $100,000 payment by the debtor could not be set aside.

9th cir

Hale v. US Trustee, No. 06-35349

Attorney appeals when a bankruptcy court finds that he failed to honor his obligations to a pair of debtors, sanctions him, and orders disgorgement of fees. Court of Appeals find that 1) 7th Amendment does not include a right to jury trial on the reasonableness of attorney fees in bankruptcy proceedings; and 2) bankruptcy court did not abuse its discretion in ordering disgorgement or sanctions.

Ditto v. McCurdy, No. 02-16252

Plaintiff sought to have its malpractice judgment against the debtor rendered non-dischargeable under sec. 523(a)(6) as a debt arising from “willful and malicious injury.” The court disagreed, granting summary judgment in defendant’s favor. Plaintiff argued, without success, that she should be permitted to amend her complaint to object to defendant’s discharge.

10th cir

In re: Wagers, No. 07-3000

In an appeal arises out of an adversary proceeding brought by a bankruptcy trustee against the bankruptcy debtors and a law firm representing them, a Bankruptcy Appellate Panel decision reversing a ruling in favor of the law firm is affirmed for the reasons stated by the BAP where: 1) funds held by the firm as a retainer for post-petition legal services were estate property; and 2) estate property could not be used to compensate the firm for post-petition legal services.

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