Chapter 11 Trustee lacked Article III standing to pursue a claim where the Debtor actually benefited from the alleged fraud/negligence and the Debtor did not suffer an injury.
Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
12 years 4 months ago
Citation:
Greg F. Colbourne v. Ocwen 12-14722(11th Cir Oct, 2013) (unpublished)(per curiam)
Ruling:
Circuit Court affirmed bankruptcy court ruling that because Debtor ineligible for a Chapter 13 discharge he could not cram down the value on first-priority liens on investment properties in his...
Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
12 years 8 months ago
Citation:
Piazza v. Nueterra Healthcare Physical Therapy LLC. Case No. 12-12899 (11th Cir. June 26, 2013)(published)
Ruling:
Under § 707(a) of the bankruptcy code, the bankruptcy court may involuntarily dismiss a Chapter 7 petition for cause due to Debtor’s prepetition bad faith conduct.