- 11 U.S.C.
Duplication Mgmt. v. Countrywide Home Loans Inc.
Nov
04
2013
Ruling
Payments on debtor's sole shareholder's mortgage while debtor was insolvent were avoidable as fraudulent.
Issue(s)
Were payments on debtor's sole shareholder's mortgage while debtor was insolvent fraudulent transfers.
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Court
:
- 11 U.S.C.
Field v. Hughes-Birch (In re Hughes-Birch)
Oct
09
2013
Ruling
Judgment based on debtor's malicious usurping of property of decedent's estate was nondischargeable.
Issue(s)
Was contempt judgment based on debtor's malicious usurping of property of decedent's estate nondischargeable .
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Court
:
- 11 U.S.C.
In re Danastorg
Sep
16
2013
Ruling
Relief from stay granted pursuant to valid assignment to Mortgage Electronic Registration Systems.
Issue(s)
Did bank have standing to seek relief from stay in light of assignment from entity that was not the original mortgagee.
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Court
:
- FRBP
In re Florendo
Sep
13
2013
Ruling
Settlement of adversary proceeding for more than value that exceeded objecting creditor's valuation of assets approved.
Issue(s)
Whether a chapter 7 trustee's proposed settlement of an adversary complaint against debtors as to ownership of certain assets, claimed by them to be the property of a corporation owned by them, was reasonable.
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Court
:
- 11 U.S.C.
Harris v. Boston Private Bank & Trust Co. (In re Harris)
Aug
20
2013
Ruling
Reconversion of chapter 13 case to chapter 7 denied due to omissions and lack of feasibility of proposed plan.
Issue(s)
Did debtor satisfy burden of establishing likelihood of confirmation and feasibility of proposed plan to justify reconversion from chapter 7 to chapter 13.
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Court
:
In re Lee
Jul
08
2013
Ruling
Counsel and special counsel to debtors ordered to disgorge due to failures in course of representation.
Procedural posture
Chapter 7 trustee filed a motion for review of fees of counsel to debtors and special counsel to debtors pursuant to 11 U.S.C.S. § 329(b). Special counsel filed a fee application. The trustee objected to the debtors' claim of exemption.
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Court
:
- 11 U.S.C.
Cowart v. Elias (In re Elias)
Jul
03
2013
Ruling
Admission to assault and battery without finding of intentional conduct did not result in nondischargeable debt.
Procedural posture
U.S. Trustee filed a motion to dismiss Chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112.
Issue(s)
Whether a chapter 11 bankruptcy case that was filed by a corporate debtor that was in the business of manufacturing airplane parts should be dismissed or converted to a case under chapter 7 of the Bankruptcy Code, pursuant to 11 U.S.C.S. § 1112(b).
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Court
:
In re Kavlakian
Jun
03
2013
Ruling
Creditor's attorneys allowed fees only to extent assented to or benefitting the estate.
Procedural posture
An attorney filed an assented to motion to allow counsel for the creditor client be paid fees and expenses, and an administrative application for legal fees for the attorney, under 11 U.S.C.S. § 503(b)(3)(B) and (b)(4). The chapter 7 trustee and the debtor objected to the application.
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Court
:
- 11 U.S.C.
Petit-v. Spagnuolo (In re Spagnuolo)
May
15
2013
Ruling
Judgment debt based on fraud under state home improvement contractor statute was nondischargeable pursuant to collateral estoppel.
Procedural posture
Plaintiff creditor sought summary judgment on claims that defendant debtor's obligations arising out of a state court judgment for $250,000 and interest on account of his fraud in relation to a home renovation contract were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) or § 523(a)(6). At issue was whether that judgment, which was entered on a jury verdict, collaterally estopped the debtor from contesting his liability under § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
Brooke-Petit v. Spagnuolo (In re Spagnuolo)
May
15
2013
Ruling
Nondischargeability proceeding dismissed where state court judgment was not based on necessary elements and factual allegations did not show intent.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2) and (6). The court granted the creditor's summary judgment motion as to the count under § 523(a)(2)(A). The debtor moved to dismiss the remaining count of the complaint under § 523(a)(6).
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Court
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