- 11 U.S.C.
In re Elowitz
May
17
2016
Ruling
Debtors were ordered to surrender property to the owner of note and mortgage.
Issue(s)
Should debtors be compelled to turn over real property in accordance with a stipulation?
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Court
:
- 11 U.S.C.
In re Failla
Dec
19
2014
Ruling
Debtors who had pledged to surrender property could not defend against state court foreclosure of the property.
Issue(s)
Could debtors who had sworn to surrender property oppose foreclosure of that property in state court?
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Court
:
- 11 U.S.C.
Gesualdi v. Educational Credit Mgmt. Corp. (In re Gesualdi)
Aug
06
2013
Ruling
Student loan debt was nondischargeable absent undue hardship.
Issue(s)
Was married but unemployed debtor with one minor child entitled to a discharge of his student loan debt?
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Court
:
In re Spa at Sunset Isles Condominium Assn
Jul
13
2011
Ruling
Debtor could surcharge mortgagee for pro rata share of assessments used to maintain condominium.
Procedural posture
Condominium units were in protracted foreclosure proceedings initiated by a mortgagee, during which assessments to maintain the common elements of the condominium were not remitted to bankruptcy debtor condominium association. The debtor moved to surcharge the mortgagee for a pro rata share of the assessments pursuant to 11 U.S.C.S. § 506(c) based on the inclusion of the common elements in the mortgagee's collateral.
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:
Symantec Corp. v. Cristina (In re Cristina)
Feb
24
2011
Ruling
Federal court default judgment in case claiming debtor sold counterfeit software was dischargeable.
Procedural posture
Judgment creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment it obtained against the debtor in an action it filed in the U. S. District Court for the Southern District of California was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The case was tried to the court.
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Court
:
- 11 U.S.C.
Bakst v. Miller (In re Miller)
Nov
12
2010
Ruling
Debtor widower's elective share in deceased spouse's estate was not property of the estate where election was not made until after discharge.
Procedural posture
After trustee filed an adversary complaint to determine the validity, priority and interest of defendant debtor, a widower, in his elective share in his deceased wife's estate, the parties cross-moved for summary judgment on the issue of whether debtor's interest in the elective share was property of the chapter 7 estate under 11 U.S.C.S. § 541.
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Court
:
- 11 U.S.C.
Menotte v. United States (In re Custom Contrs. LLC)
Oct
05
2010
Ruling
Trustee could seek to recover prepetition personal tax payments made by owner of LLC with LLC money.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant United States Government, seeking a determination that payments an LLC made to the Internal Revenue Service before the LLC declared chapter 7 bankruptcy could be avoided under 11 U.S.C.S. §§ 544 and 548 and the Florida Uniform Fraudulent Transfer Act (FUFTA), Fla. Stat. § 726.105 et seq. The Government filed a motion to dismiss the trustee's complaint.
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Court
:
- 11 U.S.C.
Menotte v. Oxyde Chemicals Inc. (In re JSL Chem. Corp.)
Feb
10
2010
Ruling
Preference period payment made in response to being placed on credit hold was avoidable.
Procedural posture
Plaintiff, the chapter 7 trustee filed an adversary complaint to avoid and recover an alleged preferential transfer pursuant to 11 U.S.C.S. §§ 547 and 550 in the amount of $ 79,343.35 made by the debtor to defendant creditor, as payment for chemicals the creditor had supplied to the debtor. The parties filed cross-motions for summary judgment.
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Court
:
In re Boca Village Assn
Dec
28
2009
Ruling
Case dismissed for bad faith due to debtor condominium association's scheme for concealment of assets from creditor.
Procedural posture
Debtor was a nonprofit condominium association. Before the court was a creditor's motion to dismiss debtor's chapter 7 case, and a second creditor's motion for joinder in said motion.
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Court
:
- 11 U.S.C.
Cohen v. Roy (In re Cohen)
Oct
30
2009
Ruling
Judgment lien avoided as preferential where there was no in-state interest to attach prior to preference period.
Procedural posture
Plaintiff debtor filed an adversary complaint against creditor defendants pursuant to 11 U.S.C.S. §§ 547 and 550, seeking a determination that a writ of garnishment-created judgment lien, that was avoidable as a preference. The creditors asserted that their interest in the debtor's stock account was not avoidable because they filed the judgment certificate more than 90 days before the debtor filed his chapter 11 petition.
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Court
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