- FRBP
Rodriguez v. Collazo (In re Melendez)
Dec
03
2015
Ruling
Pro se debtor sanctioned for frivolous proceeding alleging fraud and violation of the discharge injunction.
Issue(s)
Should adversary proceeding brought by pro se debtor challenging judgment lien on property be dismissed?
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Court
:
- 11 U.S.C.
Medina v. Municipality of Carolina (In re Medina)
Nov
12
2015
Ruling
Debtors were barred from claiming emotional distress damages from municipality.
Issue(s)
Could debtors assert a claim on behalf of the estate for emotional distress damages against a municipality based on a breach of a rental agreement?
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Court
:
- 11 U.S.C.
In re Casiano Communs. Inc.
Sep
25
2015
Ruling
Default interest rate on postpetition financing agreement reduced on reasonableness grounds.
Issue(s)
What was the proper default rate of interest on debtor's postpetition financing agreement?
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Court
:
- FRBP
Fraterfood Serv. v. DDR Del Sol LLC (In re Fraterfood Serv.)
Sep
11
2015
Ruling
Stay pending appeal denied to debtor absent evidence of irrevocable harm.
Issue(s)
Should debtor be granted a stay pending appeal?
ABI Membership is required to access the full summary of Fraterfood Serv. v. DDR Del Sol LLC (In re Fraterfood Serv.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rentas v. Municipality of San Sebastian (In re PMC Mktg. Corp.)
Jul
27
2015
Ruling
Trustee's recitation of statutory language was insufficient to defeat municipality's motion to dismiss avoidance proceeding.
Issue(s)
Whether the court should grant a municipality's motion to dismiss a chapter 7 trustee's complaint for failure to state a claim.
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Court
:
- 11 U.S.C.
Rodriguez v. Siverio (In re Siverio)
Jul
21
2015
Ruling
Debt was nondischargeable due to debtor's selling property without owner's consent.
Issue(s)
Was debt resulting from allegedly willfully and maliciously to creditor when debtor acquired a property against creditor's will and authorization nondischargeable?
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Court
:
Feliciano v. Rivera (In re Sonera)
Jul
21
2015
Ruling
Motion to dismiss adversary proceeding granted upon reconsideration as the proceeding was untimely filed without an extension of time.
Issue(s)
Should motion to dismiss adversary proceeding as untimely be granted upon reconsideration?
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Court
:
- 11 U.S.C.
Melendez v. Cooperativa De AC Naguabena (In re Melendez)
Jul
20
2015
Ruling
Filing of lis pendens by unsecured creditor violated the discharge injunction.
Issue(s)
Did unsecured creditor violate the discharge injunction by filing a lis pendens against debtor's property?
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Court
:
- FRBP
Fraterfood Serv. v. DDR Del Sol LLC S.E. (In re Fraterfood Serv.)
Jul
16
2015
Ruling
Adversary proceeding dismissed and debtor's attorney sanctioned for commencing proceeding intended to delay payment of rent owed by debtor.
Issue(s)
Should adversary proceeding be dismissed and debtor's attorney sanctioned for filing a proceeding not supported by existing law and was allegedly filed for the improper purpose of forestalling creditor's collection of its postpetition, prerejection rent claim?
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Court
:
- 11 U.S.C.
In re Morales
Jul
02
2015
Ruling
Bankruptcy court overruled trustee's proposed valuation of debtor's pending cause of action.
Issue(s)
Was trustee's proposed valuation of debtor's interest in class action by multiplying the amount of the judgment requested times the probability of success the correct valuation?
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Court
: