- 11 U.S.C.
Alvord v. Harris (In re Harris)
Jun
07
2007
Ruling
Discharge denied due to debtor's concealment of assets via postpetition transfer.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor, seeking an order denying discharge of debts the debtor owed. The creditor filed a motion for summary judgment on claims alleging that the debtor violated 11 U.S.C. § 727(a)(2)(B), (a)(3) and (a)(4)(A).
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Court
:
- FRBP
In re Wunderlich
Jun
06
2007
Ruling
Former bankruptcy attorney not allowed to amend schedules due to evidence of bad faith.
Procedural posture
Following the court's denial of a chapter 7 debtor's claimed property exemptions under New Hampshire law, the debtor pursuant to Fed. R. Bankr. P. 1009(a) amended Schedule C to claim property exempt under New York law. A creditor filed an objection.
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Court
:
- 11 U.S.C.
Netria Corp. v. Graham (In re Graham)
Mar
08
2007
Ruling
Debtor's misappropriation of trade secrets was willful and malicious rendering debt nondischargeable.
Procedural posture
Creditor filed motions (1) for summary judgment seeking a determination that the debt owed it by chapter 7 debtor was excepted from discharge under 11 U.S.C. § 523(a)(6); (2) for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to allow the state court to enter final judgment and determine the amounts of creditor's liability; and (3) to strike debtor's answer pursuant to Fed. R. Civ. P. 12(f).
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Court
:
AmericCERT Inc. v. Straight Through Processing Inc. (In re AmeriCERT Inc.)
Jan
31
2007
Ruling
Case dismissed for bad faith where debtor had no employees or cash flow and was not transacting business.
Procedural posture
Defendant creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 1112(b), plaintiff debtor's chapter 11 bankruptcy case and a motion to dismiss the debtor's adversary proceeding, which sought turnover of computer equipment and alleged that the corporation violated the automatic stay by its continued possession and use of the equipment, threats, and continuation of a district court proceeding.
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Court
:
- 11 U.S.C.
Moran v. Wunderlich (In re Wunderlich)
Jan
26
2007
Ruling
Attorney debtor denied discharge due to concealment of second mortgage granted in violation of legal malpractice settlement.
Procedural posture
In defendant debtor's bankruptcy action, plaintiff creditor filed a motion for summary judgment on its claim that sought on denial of the debtor's discharge under 11 U.S.C. § 727(a)(2)(A) (Count I), (a)(3) (Count III) and (a)(5) (Count VI). The debtor filed an objection.
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Court
:
- 11 U.S.C.
In re Whispering Pines Estate Inc.
Dec
28
2006
Ruling
Relief from stay granted to mortgagee creditor due to probable lack of equity and debtor's inability to refinance.
Procedural posture
Creditor, which held a first mortgage and second mortgage on the debtor's property, filed two motions. The first was a motion for relief from the automatic stay, and the second was a motion requesting the court to instruct the United States Trustee to appoint a chapter 11 trustee.
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Court
:
- FRBP
In re Harris
Dec
01
2006
Ruling
Debtor could not amend schedules to claim exemptions for property that had been intentionally concealed.
Procedural posture
A debtor who filed for bankruptcy relief under chapter 7 sought to amend his claim of exemptions under Fed. R. Bankr. P. 1009(a) to list certain assets as exempt. However, a creditor and the trustee objected to both the valuation of those assets and to their exemption.
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Court
:
Kalil v. Mullen (In re Mullen)
Nov
29
2006
Ruling
Proceeding regarding alleged fraudulent transfer of debtor's business to former spouse was related to bankruptcy.
Procedural posture
Chapter 11 debtor filed a motion to dismiss a complaint brought by plaintiff ex-spouse against defendants, debtor and debtor's related entities, which sought to preliminarily enjoin defendants from continuing to pursue a state court fraudulent transfer action.
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Court
:
- 11 U.S.C.
Neal v. New Hampshire Higher Educ. Assistance Found.
Nov
28
2006
Ruling
Student loan debt discharged upon default by debtors'attorney in personal injury action, proceeds of which would have funded chapter 13 plan payments.
Procedural posture
Plaintiff debtors filed a complaint seeking an undue hardship discharge of their student loans under 11 U.S.C. § 523(a)(8).
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Court
:
In re Pittsfield Weaving Co.
Nov
27
2006
Ruling
Debtor allowed to retain counsel whose disinterested status was in question but who waived retainer.
Procedural posture
A debtor filed an application for authority to retain certain counsel. The U.S. trustee objected to the application, alleging that counsel was not disinterested under 11 U.S.C. § 327(a) and might represent an adverse interest to the debtor.
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Court
: