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Judge Somma

Lassman v. Keefe (In re Keefe)

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.
Ruling: 
Discharge denied due to debtor's destruction of records from which financial condition and transactions could have been ascertained.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-030

In re Tradex Swiss AG

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.
Ruling: 
Interim trustee appointed to take possesion of involuntary foreign trading platform and bank accounts until ruling on possible conversion to chapter 15.
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Commercial case opionion summary, case decided on December 12,2007, LexisNexis #0108-110

In re Machado

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.
Ruling: 
Confirmation denied due to failure to channel cure payments through trustee.
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Consumer case opionion summary, case decided on November 06,2007, LexisNexis #1207-058

Braunstein v. Milhem (In re Milhem)

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.
Ruling: 
Debtor ordered to turn over proceeds of sale of gas station deposited in foreign bank account.
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Consumer case opionion summary, case decided on October 31,2007, LexisNexis #1207-043

In re 220 Ferry St. LLC

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).
Ruling: 
Debtor allowed to borrow money on senior and priming lien basis.
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Commercial case opionion summary, case decided on September 26,2007, LexisNexis #1007-108

Taratuska v. Educational Res. Inst. Inc. (In re Taratuska)

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.
Ruling: 
Student loan guarantor did not operate program funded by nonprofit institution and could not seek to except debtor's loan from discharge.
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Whispering Pines Estates Inc. v. Flash Island Inc.

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.
Ruling: 
Confirmation of third party plan reversed due to improper release of secured creditor proponent.
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Morse v. George (In re George)

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), and because he knowingly made a false oath concerning the plan, in violation of 11 U.S.C. § 727(a)(4)(A).
Ruling: 
Attorney's carelessness in not updating petition prior to filing not attributed to debtor.
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In re OBrien

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.
Ruling: 
Postpetition fee award in post-dissolution proceeding was a domestic support obligation not subject to stay.
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In re OBrien

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.
Ruling: 
Legal fees accrued in defending debtor in support proceeding was not a nondischargeable domestic support obligation.
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