- 11 U.S.C.
In re A-1 Mgmt. Corp.
Nov
09
2011
Ruling
Relief from stay granted to allow mortgagee to pursue in rem relief against debtor's property.
Procedural posture
A creditor filed a motion for relief from the automatic stay in order to pursue completion of an action in state court for foreclosure of its mortgage encumbering a chapter 11 debtor's property. At a hearing on the creditor's motion, both the creditor and the debtor, a single asset real estate entity, presented expert appraisal testimony on the value of the debtor's property.
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All Am. Semiconductor v. Samsung Semiconductor
Nov
03
2011
Ruling
Complaint in preference proceeding could not be amended where amendment did not relate back to original complaint.
Procedural posture
A liquidating trustee filed a motion for leave to file an amended exhibit under Fed. R. Civ. P. 15(c) and Fed. R. Bankr. P. 7015 to a complaint seeking to avoid payments as preferential transfers under 11 U.S.C.S. § 547(b).
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Court
:
- FRBP
Egozi v. 7935 NBV LLC (In re Harbour East Dev. Ltd.)
Oct
27
2011
Ruling
Motion for sanctions against creditor for alleged vexatious and duplicative litigation denied as attempt to prevent claims from being heard.
Procedural posture
This matter came before the court for a hearing on defendant's Motion for Sanctions and the opposition thereto of plaintiff, an individual creditor.
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Court
:
- FRBP
Dillworth v. Vieweg (In re Vieweg)
Oct
26
2011
Ruling
Nondischargeability proceeding dismissed as filed after expiration of extension of time to file.
Procedural posture
In a voluntary chapter 7 case, plaintiff trustee obtained five extensions on the time to file a complaint objecting to discharge. After the trustee's complaint was filed, defendant debtors moved to dismiss the complaint as untimely.
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In re Alvarez
Oct
25
2011
Ruling
Debtor's motion to dismiss or convert, filed after the United States Trustee sought to revoke discharge, denied due to allegations of bad faith.
Procedural posture
This matter came before the court upon defendant debtor's motion to dismiss with prejudice or otherwise allow conversion to chapter 13, the Trustee's Response thereof, and the U.S. Trustee's (UST's) Objection thereof.
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- 11 U.S.C.
PSN Liquidating Trust v. Intelsat Corp. (In re PSN United States Inc.)
Sep
09
2011
Ruling
Transfers from debtor to satellite service provider pursuant to provider's contract with debtor's parent were not constructively fraudulent as debtor received value.
Procedural posture
Plaintiff, a liquidating trust for a Chapter 11 debtor, moved for partial summary judgment on its claim against defendant satellite service providers on claims of constructive fraudulent transfers under either 11 U.S.C.S. § 548(a)(1)(B) or the corresponding Florida state statutes. The providers filed a cross-motion for summary judgment on the constructive fraudulent transfer claims and actual fraud claims under § 548(a)(1)(A) or state law.
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Barrett v. Berris (In re Berris)
Jun
27
2011
Ruling
Objection to discharge overruled where failure to produce records was justified.
Procedural posture
Plaintiffs, the Chapter 7 trustee and a creditor, brought a complaint against defendant debtor, objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)-(6).
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:
- 11 U.S.C.
In re Cabi SMA Tower 1 LLP
Apr
05
2011
Ruling
Motion to compel immediate assumption or rejection of purchase agreements denied.
Procedural posture
Purchasers of certain of Chapter 11 debtor's property filed a motion pursuant to 11 U.S.C.S. § 365(d)(2) to compel immediate assumption or rejection of the purchase agreements.
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Mukamal v. Weisenfeld (In re Weisenfeld)
Mar
18
2011
Ruling
Discharge denied due to failure to maintain records, false statements, omissions from schedules and failure to maintain records in case of insider business.
Procedural posture
Chapter 7 trustee filed a complaint objecting to defendant debtor's discharge and seeking denial of his discharge. The trustee filed a motion for judgment on the pleadings pursuant to Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(c) with respect to those counts seeking a denial of discharge pursuant to 11 U.S.C.S. § 727(a)(3), (a)(4)(A), and (a)(7).
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:
- 11 U.S.C.
Autoclub Body & Paint Serv. v. Kalb (In re Autoclub Body & Paint Serv.)
Feb
23
2011
Ruling
Motion to dismiss preference proceeding denied where transferee's defense of acting on behalf of trust was not supported by appropriate disclosures.
Procedural posture
Debtor filed this action against defendant, who claimed to be the trustee of a trust, seeking recovery of an alleged preferential transfer, 11 U.S.C.S. § 547, made by debtor to or for the benefit of the trustee. Before the court was the trustee's motion to dismiss under Fed. R. Civ. P. 12(b)(6), asserting that the Complaint failed to state a claim upon which relief could be granted against him personally.
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Court
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