Judge Boroff

In re Withrow

The court issued an order requiring the attorney for a chapter 7 debtor to show cause why he should not, pursuant to Fed. R. Bankr. P. 9011(c)(1)(B), be sanctioned on account of alleged misrepresentations, omissions, and errors in the debtor's bankruptcy schedules, Statement of Financial Affairs, and Rebuttal of Presumption of Abuse.
Ruling: 
Debtor's attorney sanctioned for failure to meet obligations to review schedules and resolve or explain contradictions and inconsistencies.
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Consumer case opionion summary, case decided on July 03,2008, LexisNexis #0708-129

Houghton v. United States (In re Szwyd)

Plaintiff chapter 7 trustee requested that the court compel defendant United States to marshal certain assets of defendant debtor on which the government held tax liens, in order to preserve funds of the bankruptcy estate. Pending was the "United States' Motion to Dismiss" filed by the U.S. Department of Justice on behalf of the U.S. Department of the Treasury and the Internal Revenue Service, pursuant to Fed. R. Bankr. P. 7012(b)(6).
Ruling: 
Trustee in role as hypothetical lien creditor could invoke doctrine of marshalling against IRS.
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Consumer case opionion summary, case decided on April 14,2008, LexisNexis #0508-104

In re Laberge

In connection with a chapter 7 bankruptcy filed by debtor, a husband whose wife did not join him in the filing, the court considered, pursuant to 11 U.S.C. § 329, the propriety of compensation received by one of debtor's two attorneys (attorney 1) for services rendered in or in connection with the case.
Ruling: 
Attorney who did little other than encourage debtor to hire second attorney ordered to disgorge fees.
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Consumer case opionion summary, case decided on January 04,2008, LexisNexis #0108-111

In re Hayes

Bankruptcy debtors'schedules indicated secured mortgage debt and the debtors included mortgage payments in their current monthly expenses, but the U.S. Trustee asserted that the mortgage payments were not expenses because the debtors intended to surrender the mortgaged property. The trustee moved to dismiss the debtors'case based on a presumption of bankruptcy abuse under 11 U.S.C. § 707(b)(2).
Ruling: 
Mortgage payments scheduled within 60 months postpetition could be claimed as expenses regardless of intent to surrender.
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Consumer case opionion summary, case decided on September 26,2007, LexisNexis #1007-120

In re Livingston

A debtor filed a motion, pursuant to 11 U.S.C. § 1307(b), to voluntarily dismiss his chapter 13 bankruptcy case. A creditor filed a motion to convert the case to chapter 7. A bank filed a motion to dismiss the case.
Ruling: 
Voluntary dismissal granted as failure to file feasible plan was not cause for conversion.
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Deceder v. Pennsylvania Higher Educ. Assistance Agency (In re Deceder)

Defendant original creditor and intervening defendant successor creditor, filed a motion to dismiss chapter 7 debtor's claim, which sought damages pursuant to Mass. Gen. Laws ch. 93 and ch. 93A for the original creditor's allegedly unfair and deceptive debt collection practices.
Ruling: 
State law unfair debt collection action was not related to bankruptcy.
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In re Guido

After debtor filed for chapter 7 bankruptcy, plaintiff trustee filed an adversary proceeding against defendant creditor seeking to avoid a preferential transfer pursuant to 11 U.S.C. § 547(b). The court approved their agreement to avoid a second mortgage and preserve it for the bankruptcy estate's benefit and allowed the debtor's motion to avoid a judicial lien. The debtor moved to require the trustee to abandon the second mortgage.
Ruling: 
Motion to require trustee to abandon second mortgage was denied since second mortgage was unhampered by section 522(c) and had priority under state law over homestead exemption.
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Access Cardiosystems Inc. v. Fincke (In re Access Cardiosystems Inc.)

Plaintiffs, the debtor and various of the debtor's individual investors, sued defendant, a former director and officer of the debtor, seeking a declaratory judgment that the debtor owned certain intellectual property concerning an automated defibrillator system for which a patent application was pending. In a prior order, the court found in favor of plaintiffs. Defendant moved for stay pending appeal. He also moved to file papers under seal.
Ruling: 
Former officer and director of debtor was denied a stay of judgment pending appeal of the judgment since the former officer did not establish that he had a substantial case on appeal.
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In re CK Liquidation Corp.

Before the court in a chapter 7 case was a creditor's Motion to Proceed In Forma Pauperis with his appeal of the court's First, Second, Third and Fourth Contempt Orders and the Order Purging Contempt.
Ruling: 
Debtor was denied motion to waive appellate filing fees since the debtor was not impoverished and the proceedings related to the appeal were frivolous.
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Intl Enter. v. Classic Asset Liquidation Mgmt. LLC (In re Eddy)

Pending was a motion of plaintiff interested party for entry of default judgment pursuant to the court's order of September 23, 2005 filed in its adversary proceeding against defendant debtor. Also under consideration was the motion of plaintiff chapter 7 trustee for civil contempt and sanctions, filed in debtor's underlying bankruptcy case, but seeking sanctions against debtor, including entry of a default judgment in an adversary proceeding.
Ruling: 
Debtor was denied a discharge due to default, and the debtor was given a deadline to comply with a prior court order or face civil contempt sanctions.
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