Judge Jacobvitz

CAGO Inc. v. Slade (In re Slade)

Creditor sought rulings that an obligation owed to it under a settlement agreement with defendant debtor was nondischargeable under numerous provisions in 11 U.S.C.S. § 523.
Ruling: 
Restitution settlement was nondischargeable due to debtor's fraud and misrepresentation.
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Consumer case opionion summary, case decided on March 15,2012, LexisNexis #0412-084

In re Mulholland

The chapter 7 debtors filed a motion to avoid a judicial lien on real estate pursuant to 11 U.S.C.S. § 522(f) on the grounds that it impaired their homestead exemption. The creditors objected, asserting that because they had filed a complaint objecting to the debtors' discharge, the motion should be denied or held in abeyance pending resolution of the bankruptcy proceeding.
Ruling: 
Denial of discharge did not prevent debtors from avoiding lien.
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Consumer case opionion summary, case decided on February 23,2012, LexisNexis #0312-122

In re Cottonwood Corners Phase V LLC

A chapter 11 debtor sought confirmation of its plan of reorganization, which was opposed by its largest creditor.
Ruling: 
Confirmation denied due to imposition of subordination agreement on creditor landlord without consent.
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Commercial case opionion summary, case decided on February 17,2012, LexisNexis #0312-060

In re Martinez

Debtors, husband and wife, claimed separate homestead exemptions in real property owned by the wife, and a judgment creditor of the wife objected to the husband's claim of the homestead exemption. The debtors moved to avoid the creditor's judicial lien under 11 U.S.C.S. § 522(f) as impairing the homestead exemption.
Ruling: 
Debtor could not claim homestead exemption in property owned by spouse, in which debtor failed to establish equitable lien, in order to avoid judicial lien.
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Consumer case opionion summary, case decided on January 24,2012, LexisNexis #0212-115

Comstock v. Rodriguez (In re Rodriguez)

Creditor filed an adversary action to determine dischargeability of debt arising from the parties' divorce. Debtor filed a counterclaim that alleged the debt was not a domestic support obligation subject to 11 U.S.C.S. § 523(a)(5) and that sought recovery of a $15,000 payment made to the creditor as a preferential transfer under 11 U.S.C.S. § 547. The debtor filed a motion for summary judgment on the counterclaim.
Ruling: 
Retirement funds owed to debtor's former spouse did not amount to domestic support obligation.
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Consumer case opionion summary, case decided on January 20,2012, LexisNexis #0212-121

First New Mexico Bank v. Bruton (In re Bruton)

Plaintiff bank filed an adversary proceeding against defendant debtors, a husband and wife, seeking a determine that the debtors owed the bank a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). Several claims were resolved on pretrial motion, and the court tried the bank's claim that the wife owed the bank a debt that was nondischargeable under § 523(a)(2)(A).
Ruling: 
Debtor spouse's debt to bank was dischargeable absent evidence of false statements or guarantees.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-019

McNaughton v. Maytorena (In re Maytorena)

Creditors filed complaints against defendant debtors in which they asserted that a debt arising from a failed real estate deal constituted a nondischargeable debt under 11 U.S.C.S. § 523. They also objected to defendants being granted a discharge and sought revocation of the discharges under 11 U.S.C.S. § 727. Defendants filed motions for summary judgment on the ground that plaintiffs' complaints were time-barred.
Ruling: 
Failure to receive notice of deadline for filing nondischargeability proceeding was not grounds for revocation of discharge where notice of bankruptcy was received.
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Consumer case opionion summary, case decided on November 04,2011, LexisNexis #1211-130

Estate of Bishop v. Mulholland (In re Mulholland)

Creditors filed a complaint against chapter 7 debtors objecting to discharge under 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Debtor vending machine business operator denied discharge due to false statements and omissions from schedules.
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Consumer case opionion summary, case decided on September 16,2011, LexisNexis #1011-127

Montoya v. Battaglia (In re Weber)

Trustee filed this adversary action against defendant transferee seeking to avoid a preferential transfer under 11 U.S.C.S. § 547 of $8,000 paid by the debtor to the transferee on the eve of filing for bankruptcy. The trustee moved for summary judgment.
Ruling: 
Payment of fire insurance proceeds to landlord who took debtor in after fire was preferential.
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Consumer case opionion summary, case decided on July 05,2011, LexisNexis #0811-024

Ryan v. Montoya (In re Gonzales)

Trustee filed a complaint against defendant grantee--a debtor's daughter-- seeking to recover real property pursuant to 11 U.S.C.S. 548 (a)(1)(B). The trustee asserted that he was entitled to recover the property because the debtor transferred the property to her daughter for no consideration only five weeks prior to the filing of her chapter 7 bankruptcy petition.
Ruling: 
Insolvency, as factor in fraudulent transfer, cannot be inferred from commencement of chapter 7 case shortly after transfer.
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Consumer case opionion summary, case decided on July 01,2011, LexisNexis #0811-027

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