The court granted a motion to compel discovery of privileged documents because the Chapter 7 debtor waived the privileges via disclosure, the disclosure was not inadvertent, and documents concerning the same subject matter were already disclosed.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
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The reference of an adversary proceeding involving alleged breaches of contract and breaches of fiduciary duty should be withdrawn and the case returned to district court, as its resolution will involve non-debtor parties and non-bankruptcy law.
The debtors' income tax refunds, including child tax credits and earned income credits, were property of the bankruptcy estate under § 541 and should have been turned over to the trustee for administration and distribution of the non-exempt portion.
The bankruptcy court lacks subject matter jurisdiction over an interpleader complaint to reform a deed, ascertain the validity of a trust deed sale of the property of Chapter 7 debtors, and determine the rights of various creditors to the proceeds.
A judgment was non-dischargeable under § 523(a)(3) because the debtor failed to give proper notice of the bankruptcy to the judgment creditor. Even if the notice had been proper, the debt was excepted from discharge as a defalcation by a fiduciary.
The personal property lease was a disguised security interest rather than a true lease because the purchase option price at the end of the lease term is nominal additional consideration amounting to 10 percent of the original price of the equipment.
An agreement between a real estate developer and a modular home builder for the builder to provide $1 million in exchange for restrictive covenants allowing only its brand of homes in the development was not an executory contract subject to rejection.
Debtors' amended disclosure statement could not be approved because it did not contain sufficient information about the debtors' business – their main source of income – such as its value and earnings projections, or about the treatment of claims.
The debtor is a securities broker/dealer. In arbitration involving certain employees to establish "control person liability," the employees are entitled to automatic stay protection under § 362(a)(3) due to their close identity with the debtor.
Trial evidence established that a scheduled debt was an account receivable due from a related entity. The non-debtor joint seller of real estate was not sanctioned because the seller did attempt to execute the sale documents by the court's deadline.