§ 521(a)

In re Royce Homes LP

Chapter 7 trustee filed a motion to compel the representative of the debtor to turn over several documents and other information regarding the debtor's bankruptcy estate.
Ruling: 
Debtor's representative ordered to locate and turn over documents required by trustee.
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Commercial case opionion summary, case decided on September 23,2009, LexisNexis #1109-014

In re Wassah

Two debtors filed motions to vacate the orders dismissing each of their respective bankruptcy cases.
Ruling: 
Court refused to vacate dismissal of debtors' cases for failure to file required documentation.
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Consumer case opionion summary, case decided on September 17,2009, LexisNexis #1009-044

In re Ruiz

The chapter 7 trustee objected to an amended exemption of real property claimed by debtors. The trustee contended that debtors were judicially estopped from claiming the exemption based on the fact that debtors did not disclose the property until after the trustee did his own research and inquired about the property at the meeting of creditors, and that debtors amended their exemptions in bad faith.
Ruling: 
Debtor's failure to disclose property at creditor's meeting that it later claimed as exempt did not constitute bad faith.
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Consumer case opionion summary, case decided on June 26,2009, LexisNexis #0809-007

Paloian v. Greenfield (In re Restaurant Dev. Group Inc.)

The court sua sponte raised the question of whether a law firm's concurrent representation of a chapter 7 debtor and the debtor's principals and officers and certain related entities in a fraudulent transfer action brought by the chapter 7 trustee, created a conflict of interest.
Ruling: 
Law firm could continue to represent defendants in fraudulent transfer proceeding only if it withdrew as attorneys for debtor.
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Commercial case opionion summary, case decided on March 24,2009, LexisNexis #0509-046

In re Hoff

The debtors brought a motion to excuse the requirement, under 11 U.S.C.S. § 521(a)(1)(B), of filing a Schedule I, and for setting an alternative date for determining current monthly income under 11 U.S.C.S. § 101(10A)(A)(ii). A creditor objected to excusing the required filing of Schedule I.
Ruling: 
Filing of Schedule I excused to allow court to set current monthly income of debtors with recent involuntary decrease in income.
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Consumer case opionion summary, case decided on March 23,2009, LexisNexis #0509-114

Segarra-Miranda v. Acosta-Rivera (In re Acosta-Rivera)

Appellees, debtors, filed a joint chapter 7 petition. When appellant trustee proposed settlement of the debtors' chose in action, the debtors moved for dismissal under 11 U.S.C.S. § 521(i)(2). The bankruptcy court denied the debtors' motion to dismiss and excused the detailed disclosure by ordering the debtors to do "otherwise" under § 521(a)(1)(B). The United States District Court for the District of Puerto Rico reversed. The trustee appealed.
Ruling: 
Bankruptcy court may excuse debtor's compliance with disclosure requirements.
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Consumer case opionion summary, case decided on February 19,2009, LexisNexis #0309-115

Nisselson v. Fasarakis (In re Fasarakis)

Chapter 7 trustee sought summary judgment on claims for turnover of defendant debtor's 2008 federal and state income tax refunds as estate property per 11 U.S.C.S. § 521(a)(4) and 11 U.S.C.S. § 542(a). Issues included whether portions of the tax refunds attributable to earned income credits (EICs) and child tax credits (CTCs) were not property of the estate or were exempt public assistance benefits per N.Y. Debt. & Cred. Law § 282.
Ruling: 
Portions of tax refunds relating to earned income tax credit and child tax credits were property of the estate and not exempt.
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Consumer case opionion summary, case decided on February 03,2009, LexisNexis #0310-083

In re Borowie

The chapter 7 trustee sought to compel the debtor to turnover the value of funds which the debtor had on deposit in his checking account at the moment of his bankruptcy filing. The central issue was whether a post-petition disposition of assets in good faith would absolve the debtor of the duty to surrender property as required under 11 U.S.C.S. § 521(a)(4).
Ruling: 
Trustee could recover value of debtor's prepetition check that cleared postpetition.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #0109-012

In re Scalise

The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Case dismissed due to debtor's failure to provide paystub covering petition date.
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Consumer case opionion summary, case decided on October 30,2008, LexisNexis #0109-011

In re Waller

Debtors filed a voluntary petition under chapter 7 of the Bankruptcy Code, and a creditor asked the court to approve agreements the debtors signed which reaffirmed debt they owed on their residence.
Ruling: 
Court denied approal of reaffirmation agreement for debts owed on real property as not in debtor's best interests under BAPCPA.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1208-043

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