Agin v. Chambers (In re Ruel)
Oct
12
2011
Ruling
Mortgage in favor of family trust could be avoided.
Procedural posture
Plaintiff Chapter 7 trustee sought to avoid under 11 U.S.C.S. § 547(b) and preserve for the estate the transfer by the debtor to a family trust a mortgage on her home to secure payment of a promissory note. Defendants were all siblings of the debtor and at all relevant times were beneficiaries of the trust.
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Court
:
- 11 U.S.C.
In re Crossing LLC
Sep
16
2011
Ruling
Debtor in possession's counsel's fee application allowed with credits for retainer and subordinated to other administrative and unsecured claims due to pattern of nondisclosure.
Procedural posture
A law firm filed an amended application for compensation for its services as counsel for a debtor in possession. The debtor and its sole shareholder opposed the application on numerous grounds, including failures of disclosure and misrepresentations, and asked for disallowance of half the compensation requested and denial of a premium.
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Court
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In re Sarafoglou
Jul
15
2011
Ruling
Debtor held in contempt for failure to obey order for turnover of previously undisclosed funds.
Procedural posture
A bankruptcy debtor did not timely comply with an order of the bankruptcy court to turn over funds in a bank account which the debtor knowingly failed to disclose. The trustee moved for an order holding the debtor in contempt.
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Court
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Kinsella v. Todisco (In re Todisco)
Jul
15
2011
Ruling
Debt owed to creditor who invested life savings with debtor was dischargeable absent evidence of defalcation, embezzlement or willful and malicious conduct.
Procedural posture
Creditor, who invested his life savings with debtor, filed an adversary complaint seeking to except debts owed to the creditor from discharge under 11 U.S.C.S. § 523(a)(4) and (a)(6), by converting funds that creditor had entrusted to debtor, breach of fiduciary duty, and willful and malicious injury, in the amount of $620,000, representing the funds entrusted and reasonable interest thereon.
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Court
:
- 11 U.S.C.
Braunstein v. Crawford (In re Crawford)
Jun
30
2011
Ruling
Transfer to former business associate against alleged "lien" for post-transfer improvements was preferential.
Procedural posture
Plaintiff chapter 7 trustee asserted a claim under 11 U.S.C.S. § 548(a)(1) for recovery of real property that defendant, the chapter 7 debtor, conveyed to his former business associate, which transfer the trustee contended was constructively fraudulent or, in the alternative, a preferential transfer under 11 U.S.C.S. § 547(b).
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Court
:
- 11 U.S.C.
In re Sayeh
Feb
23
2011
Ruling
Debtor held in contempt and sanctioned for unauthorized postpetition removal of estate property from hotel prior to sale.
Procedural posture
By the motion before the court, the Chapter 11 Trustee sought actual and punitive damages and other relief against debtor for violating the automatic stay by removing estate assets from the premises with which they were imminently to be sold. An evidentiary hearing was held.
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Court
:
Knowles v. Bayview Loan Servicing LLC (In re Knowles)
Jan
03
2011
Ruling
Filing of proof of claim and issuance of annual tax statement by loan servicer did not violate stay.
Procedural posture
Plaintiff debtor filed a complaint against defendant loan servicer alleging violations of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.S. § 2605 et seq., and of the automatic stay under 11 U.S.C.S. § 362. Plaintiff also sought to establish liability under 11 U.S.C.S. § 105(a). The United States Bankruptcy Court for the District of Maine entered judgments in favor of defendant. Plaintiff appealed. Defendant requested fees and costs.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kapolis v. Heidenrich (In re Heidenrich)
Dec
20
2010
Ruling
Debtor general contractor's allegedly misleading references were insufficient grounds for nondischargeability.
Procedural posture
Plaintiff judgment creditors, a brother and sister, sought a determination under 11 U.S.C.S. § 523(a)(2)(A) of the dischargeability of their prepetition judgment against defendant debtor.
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Court
:
Reynolds v. Madoff (In re Reynolds)
Oct
25
2010
Ruling
Chapter 13 debtors who consented to trustee's sale could not interfere with sale or conversion to chapter 7.
Procedural posture
Debtors brought two adversary complaints that were, in essence, objections to the trustee's proposed sale of the real property. The debtors principally argued that the court should not have converted their case to one under chapter 7 because their income and expenses are such that their case would be considered an abuse of chapter 7. However, the debtors had consented to the sale in a settlement agreement.
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Court
:
- 11 U.S.C.
In re Wyman
Sep
27
2010
Ruling
Lump sum unemployment compensation payment received just prior to petition date was not exempt.
Procedural posture
This matter was before the court on the objection of the standing chapter 13 trustee to debtors' claimed exemption under 11 U.S.C.S. § 522(d)(10)(A) of a lump-sum unemployment compensation payment in the amount of $33,850. Debtor received this payment shortly before his bankruptcy filing.
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Court
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