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V2R LLC v. Special Situations Fund IV LLC (In re Schneider)

Mar
23
2006
Ruling
Debtor's motion to dismiss complaint was denied since nondischargeability claim was not barred by res judicata.
Procedural posture

Plaintiff creditors filed an action against defendant debtor alleging claims of fraud, breach of fiduciary duties, and embezzlement or larceny under 11 U.S.C. § 523(a)(2)(A) and (4). The debtor filed a motion to dismiss the complaint.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0606-085
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Shabanoff v. Medoff ( In re Shabanoff)

Feb
28
2006
Ruling
Genuine issue remained regarding whether an attorney had knowledge of a filing and thus whether the attorney violated the automatic stay.
Procedural posture

Plaintiff debtor filed a petition for relief under chapter 7. The debtor filed an adversary proceeding against defendant attorney, and others, claiming that they violated the automatic stay imposed pursuant to 11 U.S.C. § 362(a). The attorney sought a motion to dismiss the adversary proceeding or for summary judgment and the debtor filed an opposition and a motion for partial summary judgment.

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opinion summary, case decided on February 28, 2006 , LexisNexis #0406-046
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Riley v. Tougas (In re Tougas)

Feb
14
2006
Ruling
Court deemed a trust res for which a debtor exercised much control to be part of the debtor's estate.
Procedural posture

Pending were Cross-Motions for Partial Summary Judgment on Counts I, II, III, XIII of a complaint filed by plaintiff chapter 7 trustee against defendants, debtor individually and as trustee of a family trust, an investment company, and a trust beneficiary. The trustee sought four forms of relief, including a declaration that certain property held by debtor individually or as trustee was property of the estate pursuant to 11 U.S.C. § 541.

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opinion summary, case decided on February 14, 2006 , LexisNexis #0306-089
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Paul v. Suffolk Univ. (In re Paul)

Feb
08
2006
Ruling
Single mother of three debtor was denied discharge of student loan debt based on undue hardship since the debtor could increase income based on education level, obtain child support, and work with the offered reasonable repayment plan.
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant, a student loan corporation, to obtain a discharge of the debtor's student loan obligation, pursuant to 11 U.S.C. § 523(a)(8), on the grounds that repayment would impose an undue hardship on the debtor and her family. After a trial, the court issued findings of fact and conclusions of law.

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opinion summary, case decided on February 08, 2006 , LexisNexis #0206-111
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In re Plymouth Rubber Co.

Dec
30
2005
Ruling
Court granted the debtors' motion for authority to make payments under the employee retention plan as an administrative claim so that the debtors could make severance payments when they became due.
Procedural posture

The debtors, two companies that were being jointly administered in bankruptcy proceedings, filed a motion to allow one of the debtors to make payments pursuant to an employee retention plan so that the debtors could pay benefits owed to the employees once they are terminated during the wind-down of the debtor's manufacturing operations. The debtors claimed the expense was entitled to administrative expense priority under 11 U.S.C. § 503(b)(1).

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opinion summary, case decided on December 30, 2005 , LexisNexis #0306-082
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In re Penney

Sep
26
2005
Ruling
Court denied a trustee's application to employ counsel due to an actual conflict of interest in counsel representing a creditor and the estate.
Procedural posture

The chapter 7 trustee filed an application to employ counsel. Proposed counsel and his firm represented a secured creditor with a claim against the bankruptcy estate. The issue was whether an actual conflict of interest existed with respect to counsel's dual representation of the creditor and the estate.

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opinion summary, case decided on September 26, 2005 , LexisNexis #0406-041
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Tift County Hosp. Auth. v. Nies (In re Nies)

Sep
20
2005
Ruling
Court denied hospital creditor's motion to declare loan to doctor debtor in exchange for the doctor providing four years of service as nondischargeable since the loan was not an education loan.
Procedural posture

An adversary proceeding was before the court on a motion for summary judgment filed by plaintiff creditor through which it sought a judgment that a debt owed to it by defendant debtor was a nondischargeable consolidated student loan under 11 U.S.C. § 523(a)(8). Debtor opposed the motion.

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opinion summary, case decided on September 20, 2005 , LexisNexis #0106-055
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