Judge Paskay

Jensen v. Eck (In re Steele)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of payments from a bankruptcy debtor, seeking to set aside the transfers as preferential. The transferee moved to dismiss the proceeding on the ground that the transfers occurred outside the preference period of 11 U.S.C. § 547(b)(4)(B), and the trustee asserted that the period was equitably tolled.
Ruling: 
Close friend of debtor was not an insider so that transfer to the friend more than 90 days prepetition was not preferential.
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Advanced Imaging Ctr. Of N. Ill. LP v. Cassidy (In re Cassidy)

Chapter 11 creditors filed motions for judgment on the pleadings in their adversary proceedings, which alleged that the debts owed by debtor were not dischargeable pursuant to 11 U.S.C. §§ 523(a)(2)(A), (a)(4) and (a)(6). Debtor filed cross motions for summary judgment.
Ruling: 
Arbitrator's finding of fraud did not estop debtor from arguing dischargeability of debt where issues and standards were not identical.
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In re West

A trustee objected to a debtor's claim of federal exemptions under 11 U.S.C. § 522 in a chapter 7 case.
Ruling: 
Debtor not meeting residency requirements for exemptions under law of filing state or and no longer eligible for exemptions under law of state of former residence could elect federal scheme.
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In re Grunau

The debtors'attorney was ordered to show cause why his fees should not have been disgorged, pursuant to 11 U.S.C. § 329 and Fed. R. Bankr. P. 2017.
Ruling: 
Law firm that was a prominent filer of chapter 13 petitions ordered to disgorge excesive fees in routine cases.
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In re Grunau

The debtors'attorney was ordered to show cause why his fees should not have been disgorged, pursuant to 11 U.S.C. § 329 and Fed. R. Bankr. P. 2017.
Ruling: 
Attorney who regularly filed chapter 13 cases in district ordered to disgorge excessive fees in routine case.
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In re West

A trustee objected to a debtor's claim of federal exemptions under 11 U.S.C. § 522 in a chapter 7 case.
Ruling: 
Debtor who was not eligible for exemptions in filing state due to insufficient residency or state of former residence could claim exemptions under bankruptcy code.
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In re Buonopane

The chapter 7 trustee filed an objection to the debtor's claim of a homestead exemption pursuant to Fla. Const. art. X, § 4.
Ruling: 
Debtor was not entitled to unlimited homestead exemption under Florida Constitution but rather was limited to $125,000 exemption since section 522(p) applied.
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Rydell v. Astorino (In re Baron Capital Props. L.P.)

Plaintiff bankruptcy trustee sued defendants, a former employee of bankruptcy debtors and a limited liability company, alleging business tort claims in state court. Defendants removed the action to the bankruptcy court which was adjudicating the debtors'bankruptcy, and the trustee moved for the bankruptcy court to abstain from hearing the matter.
Ruling: 
Motion for abstention was denied since case could not be timely adjudicated in state court.
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In re Ramsey

Debtors moved for an order to show cause directed to the county tax collector, which ordered the tax collector to show cause, if it had any, why it should not be held in contempt for its alleged willful violations of the discharge injunction entered in the bankruptcy case of debtors when it levied on the debtors'bank accounts in violation of 11 U.S.C. § 524(a)(2).
Ruling: 
County tax collector held in contempt for willfull violation of discharge injunction.
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In re D & G Invs. of W. Fla. Inc.

Before the court in a chapter 11 case were the matters of confirmation of debtor's plan of reorganization, objection by creditor to the plan, and debtor's motion for cramdown as to creditor.
Ruling: 
Court denied confirmation of chapter 11 plan of reorganization with leave to amend to provide sufficient proof of feasibility.
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