Judge Tester

In re Carreras

A bankruptcy debtor's case was dismissed based on the debtor's undue delay over a period of three years, failure to pursue a feasible plan of reorganization, and failure to comply with the bankruptcy court's orders. The debtor moved for a stay pending appeal of the dismissal order.
Ruling: 
Stay pending appeal of dismissal of case for undue delay denied given that debtor was unlikely to prevail.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-103

In re Ramos

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying her creditors which paid arrears in the amount of $1,832 which she owed to a bank, taxes she owed, and her attorney's fees in the amount of $2,750, but paid unsecured creditors approximately five percent of what they were owed. A trustee who was appointed to administer the debtor's plan filed an objection to confirmation of the plan.
Ruling: 
Confirmation denied due to failure to provide information necessary to allow debtor to retain tax refunds.
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Consumer case opionion summary, case decided on June 04,2013, LexisNexis #0613-137

In re Roblex Aviation Inc.

Before the court was debtor's motion to stay proceedings pending appeal filed pursuant to Fed. R. Bankr. P. 8005.
Ruling: 
Debtor's motion for stay pending appeal denied as untimely and given lack of likelihood of success on merits.
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Commercial case opionion summary, case decided on February 19,2013, LexisNexis #0313-068

In re Lee Min Ho Chen

The proceeding before the court was a creditor's Opposition to Second Amended Plan of Reorganization (SAP) and debtor's Reply thereto.
Ruling: 
Confirmation of debtor's second amended plan denied due to failure to satisfy absolute priority rule.
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Consumer case opionion summary, case decided on November 09,2012, LexisNexis #1212-026

In re Ortiz

After the court found that defendants had intentionally violated the automatic stay imposed under 11 U.S.C.S. § 362, the court heard evidence on movant debtor's claim that she was entitled to compensatory damages for emotional distress, punitive damages and attorneys fees. The violations had occurred in connection with defendants' postpetition efforts to execute on debtor's property based on a prepetition state court wrongful death judgment.
Ruling: 
Costs, emotional and punitive damages awarded due to postpetition executions sought by attorney for co-defendant in personal injury case.
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Consumer case opionion summary, case decided on September 20,2012, LexisNexis #1012-111

Villani v. Villani

Appellant creditor sought review of a judgment from the United States Bankruptcy Court for the District of Massachusetts in favor of appellee chapter 7 debtor on the creditor's complaint objecting to the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A).
Ruling: 
Bankruptcy court ordered to deny discharge due to debtor's concealment with numerous badges of fraud.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #0912-091

In re Salutaris Dialysis & Nephrology Ctr.

Debtor's chapter 11 case was before the court upon an asset purchaser's motion to dismiss for cause, pursuant to 11 U.S.C.S. § 1112(b)(1) and debtor's reply to the motion.
Ruling: 
Case dismissed due to lack of likelihood of rehabilitation as debtor had lost right to occupy premises where it operated its business.
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Commercial case opionion summary, case decided on August 01,2012, LexisNexis #0912-024

Alvarez Valentin v. P.R. Treasury Dept. (In re Alvarez Valentin)

Chapter 13 debtors alleged, pursuant to 11 U.S.C.S. § 506(a), that defendant Puerto Rico Treasury Department (creditor) only had a secured claim against debtors in the amount of $11,442 as opposed to a larger amount claimed by the creditor. The debtors filed a motion for summary judgment.
Ruling: 
Secured tax claim reduced to amount of equity remaining in subject property after first lien in favor of bank.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-014

In re Agrinsoni

A creditor moved to dismiss a debtor's case based on his alleged ineligibility to serve as a Chapter 13 debtor pursuant to 11 U.S.C.S. § 109(e) because he operated a for profit professional services corporation and not a d/b/a as asserted in his voluntary petition.
Ruling: 
Chapter 13 case ordered dismissed where debtor's business was a for profit professional corporation and not a d/b/a as asserted in petition.
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Consumer case opionion summary, case decided on June 26,2012, LexisNexis #0712-108

Arzuaga v. Quantum Servicing Corp. (In re Arzuaga)

Plaintiff debtors initiated this adversary proceeding against defendant, a mortgage servicer and debt collector, upon filing a complaint for alleged damages and violations of the discharge injunction pursuant to 11 U.S.C.S. § 524, and the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692 et seq. The court ordered bifurcation of the case into two stages, liability and damages. A trial on the liability issue was held.
Ruling: 
Collection actions for payments owed after discharge was granted did not violate discharge injunction.
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Consumer case opionion summary, case decided on April 03,2012, LexisNexis #0412-138

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