Judge Tester

In re Colon

After a determination that a debtor had more than the maximum number of creditors to allow a single petitioning creditor to file an involuntary bankruptcy petition against the debtor, an appellate remand permitted discovery concerning the number of the debtor's creditors. The creditor moved for entry of an order for bankruptcy relief based on discovery misconduct.
Ruling: 
Involuntary debtor ordered to cooperate in preparation of discovery plan or face sanctions.
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Consumer case opionion summary, case decided on December 04,2009, LexisNexis #0110-038

Centro de Cuidado Titi Norma Inc. v. Estado Libre Asociado de PR Departamento de la Familia Acuden (In re Centro de Cuidado Titi Norma Inc.)

Debtor which operated a child care facility brought an adversary proceeding against defendant agency which provided funds for the debtor's facility under a contract, alleging that the agency refused to renew the contract based on the debtor's bankruptcy in violation of 11 U.S.C.S. § 525(a). The agency moved for summary judgment.
Ruling: 
Funding agency's refusal to renew debtor child care facility's contract was based on debtor's outstanding taxes and was not discrimination on account of bankruptcy.
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Commercial case opionion summary, case decided on December 01,2009, LexisNexis #0110-085

Lafayette v. Collins (In re Withrow)

A chapter 7 debtor's attorney challenged an order of the bankruptcy court for the District of Massachusetts that imposed monetary sanctions against him for violating Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 707(b)(4)(C) and (D), arguing that the alleged errors in the debtor's bankruptcy schedules, statement of financial affairs, and other documents were due to the debtor's memory failure rather than the attorney's actions.
Ruling: 
Sanctions against debtor's attorney for errors in schedules and statements upheld due to attorney's failure to make property inquiry.
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Consumer case opionion summary, case decided on May 26,2009, LexisNexis #0709-097

Schwartz v. Schwartz (In re Schwartz)

Appellant, the former wife of appellee Chapter 7 debtor, challenged decisions of the U.S. Bankruptcy Court for the District of Massachusetts, which dismissed the wife's adversary complaint against the debtor for lack of subject matter jurisdiction under the Rooker-Feldman doctrine and denied the wife's motions for reconsideration.
Ruling: 
Bankruptcy court lacked jurisdiction over proceeding regarding nondischargeability of support obligations pursuant to Rooker-Feldman doctrine.
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Consumer case opionion summary, case decided on August 26,2008, LexisNexis #0908-082

Chase v. Harris (In re Harris)

Defendant debtor appealed an order of the Bankruptcy Court for the District of Massachusetts, which granted plaintiff creditor's request to deny the debtor a discharge under 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge properly denied due to debtor's omission of five credit cards from schedules.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0508-122

Chase v. Harris (In re Chase)

Defendant debtor appealed an order of the Bankruptcy Court for the District of Massachusetts, which granted plaintiff creditor's request to deny the debtor a discharge under 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Debtor who acted with reckless indifference to truth and made no attempt to amend schedules after admitting to intentional omissions was properly denied discharge.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0508-018

In re Syroco Inc.

Chapter 11 debtor filed a motion that included a request that an order be entered pursuant to 11 U.S.C. § 366(c)(2) establishing that a security deposit equal to the current average cost of two weeks service be deemed as adequate assurance for the utility companies that failed to reply or object to the motion.
Ruling: 
Security deposit for two weeks service approved as adequate assurance for utility companies.
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