- 11 U.S.C.
Lassman v. Keefe (In re Keefe)
Dec
27
2007
Ruling
Discharge denied due to debtor's destruction of records from which financial condition and transactions could have been ascertained.
Procedural posture
Plaintiff chapter 7 trustee objected to the discharge of defendant debtor under 11 U.S.C. § 727(a)(3) on the basis that the debtor destroyed certain documents and records from which his financial condition or business transactions might have been ascertained.
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Court
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In re Tradex Swiss AG
Dec
12
2007
Ruling
Interim trustee appointed to take possesion of involuntary foreign trading platform and bank accounts until ruling on possible conversion to chapter 15.
Procedural posture
Petitioning creditors filed an involuntary petition against the alleged debtor, a Swiss corporation. The alleged debtor was also the subject of a pending bankruptcy proceeding in Switzerland. Certain foreign liquidators filed a petition for recognition of the Swiss bankruptcy as a "foreign main proceeding" within the meaning of 11 U.S.C. §§ 1502(4) and 1517. They also moved to consolidate the case and convert it to one under chapter 15.
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Court
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- 11 U.S.C.
In re Machado
Nov
06
2007
Ruling
Confirmation denied due to failure to channel cure payments through trustee.
Procedural posture
The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 trustee objected because the plan: (1) discriminated in favor of nondischargeable student loan debt and against other nonpriority unsecured debt, and (2) excluded certain cure-and-maintain payments on long-term unsecured debt from the chapter 13 trustee's statutory compensation.
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Court
:
- 11 U.S.C.
Braunstein v. Milhem (In re Milhem)
Oct
31
2007
Ruling
Debtor ordered to turn over proceeds of sale of gas station deposited in foreign bank account.
Procedural posture
Plaintiff trustee sought summary judgment on an adversary complaint requiring debtor, per 11 U.S.C. § 521(a)(4) and 11 U.S.C. § 542, to turn over proceeds of a postpetition sale of a trust interest and certain banking records. It also sought an order applying debtor's interest in his brother's probate estate to debtor's obligations to the bankruptcy estate based on an alleged failure to turn over other assets. Debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re 220 Ferry St. LLC
Sep
26
2007
Ruling
Debtor allowed to borrow money on senior and priming lien basis.
Procedural posture
Pending was the court's decision on two separate but related motions: one by debtor seeking authorization to borrow money on a senior and priming lien basis under 11 U.S.C. § 364(d)(1) (B and rowing Motion) the other by a secured claimant seeking adequate protection in connection with that borrowing (Adequate Protection Motion).
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Court
:
- 11 U.S.C.
Taratuska v. Educational Res. Inst. Inc. (In re Taratuska)
Aug
16
2007
Ruling
Student loan guarantor did not operate program funded by nonprofit institution and could not seek to except debtor's loan from discharge.
Procedural posture
Plaintiff debtor filed a complaint in her underlying chapter 7 case, seeking a discharge of several student loans on an undue hardship basis, thereby commencing this adversary proceeding against defendant, a guarantor of one of the loans, who paid on debtor's default and eventually became a judgment creditor. Pending were the parties'cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Whispering Pines Estates Inc. v. Flash Island Inc.
Jun
28
2007
Ruling
Confirmation of third party plan reversed due to improper release of secured creditor proponent.
Procedural posture
Appellant debtor challenged an order of the Bankruptcy Court for the District of New Hampshire confirming the third-party plan put forth by appellee, its secured creditor.
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Morse v. George (In re George)
Jun
11
2007
Ruling
Attorney's carelessness in not updating petition prior to filing not attributed to debtor.
Procedural posture
Plaintiff trustee in bankruptcy filed an adversary proceeding against defendant debtor, seeking an order denying the debtor's discharge. The trustee claimed that the debtor should not be discharged because he concealed property with the intent to hinder, delay, or defraud a creditor or the trustee, in violation of 11 U.S.C. § 727(a)(2), because he knowingly made a false oath concerning the plan, in violation of 11 U.S.C. § 727(a)(4)(A).
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Court
:
- 11 U.S.C.
In re OBrien
Apr
17
2007
Ruling
Postpetition fee award in post-dissolution proceeding was a domestic support obligation not subject to stay.
Procedural posture
The debtor's former wife filed a motion relief from the automatic stay under 11 U.S.C. § 362 so that she could collect a prepetition fee award issued in favor in post-divorce litigation. The debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re OBrien
Apr
17
2007
Ruling
Legal fees accrued in defending debtor in support proceeding was not a nondischargeable domestic support obligation.
Procedural posture
A debtor's former divorce lawyer filed a motion for relief from the automatic stay concerning a prepetition fee award issued in post-divorce litigation between the debtor and his former wife. The debtor opposed the motion.
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Court
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