Attorney Erin M McCartney's Legal Cases

Bankruptcy and debt

In re Sutton, BK#14-80189

Jul 11, 2014

OUTCOME: The Court ruled in favor of the Debtor and determined that the debt owed to the ex-spouse was dischargeable.

In this Chapter 13 proceeding, the Debtor's ex-spouse objected to the Debtor's Chapter 13 and argued that the Debtor was not entitled to a discharge the debt owed to her because the debt was in the nat ... ure of domestic support. The Debtor was ordered to pay the ex-spouse a lump sum property settlement. Therefore, the Debtor argued the debt was a property settlement and not a domestic support obligation.

Bankruptcy and debt

In re Odell, BK#14-80602

Jul 01, 2014

OUTCOME: The bankruptcy court ruled in favor of the Debtor and held that the trust was not part of the bankruptcy estate.

In this case, the debtor was the beneficiary of a living trust. The Chapter 7 trustee claimed the debtor’s interest in the trust as an asset of the bankruptcy estate. However, the trust contained a val ... id spendthrift provision. Construing the trust agreement in its entirety, the court overruled the trustee’s motion, finding that the trust is subject to an enforceable spendthrift provision and is excluded from property of the bankruptcy estate pursuant to § 541(c)(2).

Bankruptcy and debt

Briggs, et al. v. Roberts, et al.

Jul 25, 2012

OUTCOME: Bankruptcy court ruled in favor of the Debtors. The debt was determined to be discharged after the creditor filed an adversary proceeding.

An adversary proceeding was filed within the Debtors' bankruptcy case to determine the dischargeability of a debt from a failed business, specifically the sale and installation of an in-ground pool. N ... on-dischargeability of the debt was argued based on allegations of fraud. The bankruptcy court held that failure to complete the pool installation did not constitute fraud. The debt was determined to be dischargeable as a debt incurred from a breach of contract.

Bankruptcy and debt

In re Cleaver, BK#08-03083

Nov 06, 2009

OUTCOME: 8th Circuit Bankruptcy Appeallate Panel ruled that lien avoidance is a federal remedy to be determined under federal law and the decision created new precedent in the 8th Circuit

This case appealed an order of the Southern District of Iowa bankruptcy court denying a motion for "reconsideration" of an order denying a motion to avoid a nonpossessory, non-purchase-money security i ... nterest in a semi-tractor truck. In this case the vehicle exemption was applied as allowed under the applicable state law. However, the lien was avoidable under the theory that Federal law controls for lien avoidance purposes (not the applicable state exemption). The 8th Circuit Bankruptcy Appellate Panel agreed and the lien was successfully avoided in the Debtors' favor. This case set new precedent which was recently adopted in the Nebraska Bankruptcy Court.

Erin M McCartney's Legal Cases (4)

In re Sutton, BK#14-80189

In re Odell, BK#14-80602

Briggs, et al. v. Roberts, et al.

In re Cleaver, BK#08-03083