- 11 U.S.C.
In re Derocha
Jan
14
2014
Ruling
Judicial liens avoided as impairing exemption despite nonconforming motion and calculations.
Issue(s)
Should debtor be allowed to avoid judicial liens as impairing his property pursuant to unopposed motions which fail to comply with the requirements of the Bankruptcy Code or corresponding local rules 4003-2 and where debtors' counsel demonstrated confusion regarding the proper mathematical calculation to apply.
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Court
:
In re Fairfield Sentry Ltd.
Jan
08
2014
Ruling
Bankruptcy court abstained from action requiring resolution of conflict between bankruptcy law and Securities Investor Protection Act.
Issue(s)
Should reference of matter involving conflict between the Bankruptcy Court and the Securities Investor Protection Act be withdrawn?
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Court
:
- 11 U.S.C.
In re Pichardo
Apr
03
2013
Ruling
Confirmation of plan including cram down denied due to court's opinion that valuation by licensed appraiser was more reliable than that by real estate broker.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their debts that reduced the balance of a secured claim a bank held against their residence to $100,000 and paid the debt at a modified interest rate of 4.25 percent per annum over the five-year term of their plan. The bank filed an objection to confirmation of the debtors' plan.
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Court
:
In re Murphy
Mar
06
2013
Ruling
Debtor's personal injury lawyer ordered to turn over settlement proceeds, which were not exempt, pursuant to original terms of plan.
Procedural posture
Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their creditors. The court entered an order in November 2010 which confirmed the debtors' plan, and almost two years later the chapter 13 trustee filed a motion to modify the debtors' plan and the debtors filed a motion to modify the court's confirmation order. The court held hearings on the trustee's motion and the debtors' motion.
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Court
:
- 11 U.S.C.
In re Cobb
Jan
24
2013
Ruling
Debtor's ability to pay creditors in full in less time than proposed in plan did not constitute lack of good faith.
Procedural posture
The chapter 13 trustee objected to the debtor's proposed chapter 13 plan contending that it was not proposed in good faith under 11 U.S.C.S. § 1325(a)(3) because the debtor could pay her creditors in full much sooner than proposed under the plan.
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Court
:
- 11 U.S.C.
In re Corse
Jan
18
2013
Ruling
Trustee could sell debtor's remainder interest in property in which mother retained life interest where quitclaim back to mother had not been recorded.
Procedural posture
The Chapter 7 trustee sought, pursuant to 11 U.S.C.S. § 363, to sell the debtor's one-quarter remainder interest in certain residential real property. The debtor's mother, who held a life estate in the property, along with two of the debtor's sisters who had interests in the property, filed an objection to the sale.
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Court
:
- 11 U.S.C.
Harrington v. Webster (In re Webster)
Jan
14
2013
Ruling
Discharge denied due to debtor's false oath.
Procedural posture
The United States Trustee sought the revocation of the discharge granted to chapter 7 debtors, pursuant to 11 U.S.C.S. § 727(d)(1) and § 727(d)(2), asserting that debtors failed to disclose pre-petition personal injury-related claims arising out of personal injury accidents suffered by debtor husband.
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Court
:
- 11 U.S.C.
In re Krivitsky
Dec
17
2012
Ruling
Case converted to chapter 7 due to failure to pay postpetition domestic support obligation.
Procedural posture
Before the court was the chapter 13 trustee's motion to convert the case to a case under chapter 7 of the Bankruptcy Code, relying primarily on 11 U.S.C.S. § 1307(c)(11), which provided for dismissal or conversion of a chapter 13 bankruptcy case for failure of a debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition. Debtor opposed the motion.
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Court
:
Ferrara v. Cabrera (In re Cabrera)
Jun
01
2012
Ruling
Transfers to children and one debtor's former spouse within three years of petition date without adequate consideration could be avoided as fraudulent.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant transferees pursuant to the Rhode Island Fraudulent Transfer Act, R.I. Gen. Laws § 6-16-1 et seq., and 11 U.S.C.S. § 544(b) to recover allegedly fraudulent transfers to insiders. The transferees were the children of the debtors and the debtor husband's former wife.
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Court
:
- 11 U.S.C.
Ferrara v. Soscia (In re Hill)
Jun
01
2012
Ruling
Transfer for no consideration while debtor was insolvent within two years of petition date was avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant transferee pursuant to the Rhode Island Uniform Fraudulent Transfer Act, R.I. Gen. Laws § 6-16-1 et seq., and 11 U.S.C.S. §§ 548 and 550 seeking to avoid a transfer of property by a debtor to the transferee, her mother. The trustee moved for summary judgment.
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Court
: