Judge Bihary

In re Camelot Club Condo. Assn

The U.S. Trustee sought to dismiss the bankruptcy case of a Chapter 11 debtor, a condominium association, under 11 U.S.C.S. § 1112(b)(4)(A). The main issue was a disputed proof of claim filed by the City for unpaid water service and sewer charges.
Ruling: 
Debtor condominium association's case dismissed due to inability to fund plan.
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Commercial case opionion summary, case decided on August 09,2011, LexisNexis #1011-098

Rodriguez v. United States (In re Rodriguez)

Chapter 7 debtor filed an adversary proceeding against defendant United States (Government), seeking an order requiring the U.S. Department of Health and Human Services, Social Security Administration (SSA) to waive recovery of overpayments of Social Security disability benefits the debtor received from 2000 to 2005. The Government filed a motion to dismiss for lack of subject matter jurisdiction.
Ruling: 
Proceeding to require Social Security Administration to waive recovery of overpayment of disability payments was not related to bankruptcy.
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Consumer case opionion summary, case decided on March 23,2010, LexisNexis #0710-032

Franz v. Foster (In re Foster)

Creditor filed an amended pro se complaint against defendant chapter 7 debtor objecting to the dischargeability of her claim pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(6). The debtor filed a motion to dismiss the amended complaint pursuant to Fed. R. Bankr. P. 7012(b) and Fed. R. Civ. P. 12(b)(6).
Ruling: 
Creditor who extended loan to debtor who falsely promised to market her song held a nondischargeable claim.
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Consumer case opionion summary, case decided on February 26,2010, LexisNexis #0510-015

Franz v. Foster (In re Foster)

Pro se plaintiff's complaint alleged that defendant debtor lied to obtain funds loaned to him by her. The adversary proceeding cover sheet referenced 11 U.S.C.S. §§ 523(a)(2), 523(a)(6), 727. Debtor moved to dismiss the complaint for improper service and for failure to state a claim for relief.
Ruling: 
Pro se complaint for denial of discharge dismissed as insufficient.
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Consumer case opionion summary, case decided on October 05,2009, LexisNexis #1109-090

In re McGuirk

This chapter 7 case came before the court for a hearing on the chapter 7 trustee's motion for authority to sell the estate's interests in all the trustee's avoidance claims and two accounts receivable to a creditor for $ 5,000.
Ruling: 
Chapter 7 trustee's motion to sell estate's interests in all the trustee's avoidance claims and two accounts receivable to creditor denied.
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Consumer case opionion summary, case decided on August 31,2009, LexisNexis #0909-126

Newton v. Pettigrew (In re Alliance Res. Mgmt. LLC)

This chapter 7 case came before the court for a hearing on two related motions: (1) a motion for relief from the automatic stay filed by movant title insurers and (2) a motion filed by certain investment entities to enforce a settlement agreement with the chapter 7 trustee.
Ruling: 
Title insurer denied relief from stay to pursue fraudulent conveyance claims that properly belonged to trustee.
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Commercial case opionion summary, case decided on August 27,2009, LexisNexis #0909-114

Detroit Phone Card Inc. v. Verizon Business Global LLC (In re CNS Communs. Ltd.)

Defendants, Business B and a law firm, sought dismissal of an adversary complaint filed by plaintiff company against defendants, against Business C (which had intervened) and against debtor and its individual representative. Plaintiff's complaint asserted rights to a fund held by the law firm in connection with a putative settlement. At issue was whether the court had jurisdiction per 28 U.S.C.S. § 1334(b).
Ruling: 
Dispute among non-debtor parties regarding fund in which debtors had no interest was not related to debtors' bankruptcy.
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Commercial case opionion summary, case decided on April 14,2008, LexisNexis #0708-140

In re Espinosa

A debtor filed for relief under chapter 7. The debtor filed a motion to convert the case to a proceeding under chapter 13. The debtor also objected to a proof of claim filed by a creditor in the amount of $293,794.
Ruling: 
Debtor ineligible to convert to chapter 13due to unsecured debt in excess of limit.
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Consumer case opionion summary, case decided on October 18,2007, LexisNexis #0108-020

Morris v. Cunningham

Adversary plaintiff creditor filed a complaint objecting to the dischargeability of a judgment entered in her favor against adversary defendant, asserting the judgment was nondischargeable as a debt obtained by false pretenses, a false representation or actual fraud under 11 U.S.C. § 523(a)(2)(A). Debtor argued that the judgment was unenforceable due to improper venue. Creditor moved for partial summary judgment on collateral estoppel grounds.
Ruling: 
Fruad claim that was fully litigated in state court was nondischargeable.
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In re Jac Family Foundation

A family foundation's representative filed a chapter 13 bankruptcy petition on the foundation's behalf. The chapter 13 trustee moved to dismiss the petition on the ground that, pursuant to 11 U.S.C. § 109(e), only an individual could be a chapter 13 debtor. The representative did not respond to the trustee's dismissal motion. He asked the court to continue the case.
Ruling: 
Foundation was not an "individual" and ineligible to be a debtor under chapter 13.
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