- 11 U.S.C.
In re Seff Enters. & Holdings LLC
Aug
26
2009
Ruling
Asset-less case dismissed as not benefitting creditors or debtor.
Procedural posture
Movant, a member of the debtor, filed a motion seeking for the court to dismiss, abstain, or grant relief from the voluntary petition, under 11 U.S.C.S. §§ 707(a), 305(a)(1), and 362(d)(1), filed by the other member of the debtor.
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Court
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- 11 U.S.C.
Bartel v. Walsh (In re Bartel)
May
04
2009
Ruling
Seizure of debtor's financial records as part of criminal proceeding did not violate stay.
Procedural posture
Appellant debtor sought review of a decision of the Bankruptcy Court for the District of Massachusetts, which granted the motion of defendants, a district attorney for Bristol County, and a police officer, for summary judgment. The debtor had alleged civil rights violations, violation of the automatic stay under 11 U.S.C.S. § 362, abuse of process.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rizzo v. Mindes (In re Mindes)
Apr
02
2009
Ruling
Default judgment that did not establish fraud was not basis for nondischargeable debt.
Procedural posture
Judgment creditors brought an adversary proceeding against debtor seeking a determination that a debt to the creditors was nondischargeable under 11 U.S.C.S. § 523(a)(2) based on the debtor's fraudulent representation that the debtor would perform remodeling and construction on the creditors' property.
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Court
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Notinger v. Wells Fargo (In re Prescott)
Mar
12
2009
Ruling
Attachment issued in postpetition state court action to reform mortgage that was outside scope of relief from stay granted was voidable.
Procedural posture
A chapter 7 trustee and chapter 7 debtors, filed an adversary proceeding against bank, seeking an order allowing the trustee to avoid a lien the bank held on the debtors' property, pursuant to 11 U.S.C.S. § 544(a)(2), claiming that an attachment the bank obtained in state court violated the automatic stay and was voidable under 11 U.S.C.S. § 549(a)(1) and (2)(B). The parties filed cross-motions for summary judgment.
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Court
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In re Plourde
Mar
09
2009
Ruling
Plan could not be confirmed due to debtors' negative disposable income.
Procedural posture
Before the court for confirmation was the chapter 13 debtors' plan. A mortgage creditor objected to confirmation.
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Court
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Schatz v. Imperial Capital Bank (In re Schatz)
Feb
18
2009
Ruling
Mortgage not recorded until just prior to petition date avoided as preferential transfer.
Procedural posture
Plaintiff bankruptcy debtor in possession brought an adversary proceeding against defendant mortgagee seeking to avoid as preferential the debtor's grant of a mortgage to the mortgagee, which the mortgagee failed to record until shortly before the debtor filed his bankruptcy petition. The debtor and the mortgagee cross-moved for summary judgment.
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Askenaizer v. Wyatt (In re BeaconVision Inc.)
Jan
20
2009
Ruling
Corporate lender was initial transferee of funds disbursed out of escrow deposit intended as commitment fee for debtor's loan.
Procedural posture
Plaintiff, the chapter 7 trustee, filed a complaint against various defendants who were alleged to have received funds from a $ 200,000 deposit to an escrow account made by the debtor as an anticipated loan commitment fee for a $ 2 million loan that was never completed. The $200,000 was distributed. The primary issue was which defendant was the initial transferee of the deposit for purposes of transferee liability under 11 U.S.C.S. § 550(a).
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Court
:
McAdam v. New Hampshire (In re McAdam)
Jan
16
2009
Ruling
State collection of nondischargeable past due unemployment taxes did not violate discharge injunction.
Procedural posture
Plaintiff debtor alleged that defendant, State of New Hampshire Department of Employment Security (agency), violated the discharge injunction pursuant to 11 U.S.C.S. § 524(a) and sought damages of $ 50,000. The agency filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), made applicable to bankruptcy pursuant to Fed. R. Bankr. P. 7012(b)(6).
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:
- 11 U.S.C.
Antognoni v. Basso (In re Basso)
Dec
09
2008
Ruling
Denial of discharge on theory of "continuing concealment" reversed as homestead declaration announced, rather than hid, interest in property.
Procedural posture
Debtor appealed from an order of the Bankruptcy Court for the District of Massachusetts that denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and sustained plaintiff creditor's objection to his homestead exemption. The court denied the debtor's discharge under the continuous concealment doctrine, and denied the homestead exemption because he had filed the declaration of homestead in violation of a state court order.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Askenaizer v. Seacoast Redimix Concrete LLC (In re Charwil Constr. Inc.)
Dec
21
2007
Ruling
Release of statutory lien rights was "new value" preventing avoidance of transfer from debtor contractor to subcontractor.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant subcontractor to avoid certain payments under 11 U.S.C. § 547(b) that the debtor transferred to the subcontractor within the 90-day period preceding the filing of the bankruptcy petition. The subcontractor sought summary judgment.
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Court
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