Southern District

In re Miller

A chapter 13 debtor filed a motion for turnover of a vehicle repossessed by a creditor in violation of the automatic stay of 11 U.S.C. § 362.
Ruling: 
Repossession of debtor's car violated stay regardless of lack of notice to creditor.
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In re Perez

The debtors filed a motion for reconsideration of the court's order denying their application for a waiver of the filing fee for their chapter 7 case under 28 U.S.C. § 1930(f)(1).
Ruling: 
Debtors just over financial threshold for waiver of filing fee granted extension of payment schedule.
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In re Zwirn

The chapter 7 trustee filed a motion to approve a settlement agreement with creditors. The underlying cause of action was brought in state court by a creditor (plaintiff creditor) against two defendant creditors and alleged a fraudulent transfer. A threshold issue was whether this fraudulent transfer claim was property of the bankruptcy estate.
Ruling: 
State court fraudulent transfer action was property of the estate.
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In re Pan Am. Hosp. Corp.

The debtors obtained a court order to sell their property, and the court scheduled an in-court auction. The court issued a notice of opportunity to submit bids and qualified bidders were required to deliver fully executed asset purchase agreements. The regional director of the National Labor Relations Board ("NLRB") filed a notice of pendency of an unfair labor practice charge. The creditors'committee filed a motion to strike and sought sanctions.
Ruling: 
National Labor Relations Board filing of notice of unfair labor practice charge violated stay.
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In re Quezada

The chapter 7 trustee filed an objection to debtor's claimed homestead exemption, a request for authority to sell homestead to pay outstanding domestic support obligations, and a motion to compel turnover of documents.
Ruling: 
Fully exempt homestead could not be sold by trustee to satisfy domestic support obligation.
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In re Schwarz

A chapter 7 trustee filed an objection after a chapter 7 debtor claimed a homestead exemption in his Florida home, which he owned as a tenant by the entireties with his wife. The trustee argued that, pursuant to 11 U.S.C. § 522(b)(3)(A), Maryland law, rather than Florida law, determined the homestead exemption that the debtor could claim and that he could not claim a homestead exemption under Maryland law.
Ruling: 
Property owned in tenancy by the entireties which was exempt from process under state law was also entitled to bankrupty exemption.
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In re Weinraub

Chapter 13 debtors filed a motion to waive the requirements of 11 U.S.C. § 362(l) and confirm that the automatic stay was in effect as to creditor.
Ruling: 
Tenant certificate requirement waived so that eviction proceedings against debtor were stayed.
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Mukamal v. Libra Secs. LLC (In re Far & Wide Corp.)

Plaintiff the liquidating trustee for the debtors filed an action against defendant investment banking firm under 11 U.S.C. §§ 547 and 550 to recover a prepetition transfer made by the debtors to the firm of $25,000. The firm asserted various defenses, including the new value defense under 11 U.S.C. § 547(c)(4). The firmed moved for summary judgment on the new value offense and the trustee filed a motion to strike the affirmative defenses.
Ruling: 
Payment to firm for prepetition financial services qualified for new value defense.
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Blair 11D Condo LLC v. Rabin (In re Rabin)

Plaintiff company filed an adversary proceeding complaint against defendant chapter 7 debtor, after he received a discharge and his case was closed, seeking to specifically enforce a prepetition real estate sales contract, in which the debtor had agreed to sell a condominium (condo) to the company. The debtor moved for a rehearing after the court entered a judgment granting the company's claim for specific performance of the contract.
Ruling: 
Contract involving exempt property deemed rejected upon reconsideration as trustee did not assume or reject within 60 days of conversion to chapter 7.
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Bakst v. Sawran (In re Sawran)

The debtor filed for relief under chapter 7. The trustee was granted a judgment on the pleadings for a preferential transfer that the debtor made to the father. The trustee filed a subsequent action to recapture money that the father had transferred to defendants, a son and daughter-in-law, and a daughter, as subsequent transferees under 11 U.S.C. § 550(a). The court issued findings and conclusions.
Ruling: 
Recovery of preferential payments from subsequent transferors allowed solely to the extent of postpetition payments to debtor.
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