Rhode Island

Byers v. Bolognese (In re Bolognese)

Plaintiff creditors, the sister and brother-in-law of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that a debt to the creditors was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtors' fraud.
Ruling: 
Debt was nondischargeable where debtor used line of credit for legitimate business purposes but not the limited purposes for which credit was extended.
ABI Membership is required to access the full summary of Byers v. Bolognese (In re Bolognese). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 13,2008, LexisNexis #0408-082

56 Assoc. v. Diorio

Appellants, co-owners and tenants-in-common in real estate with a deceased debtor whose estate was bankrupt, sought review of orders of the U.S. Bankruptcy Court for the District of Rhode Island authorizing appellee trustee to sell the building and the land on which it stood in its entirety. Appellants also raised other objections to the proceedings below.
Ruling: 
Deceased debtor's co-owners sanctioned for improper conduct in connection with trustee's efforts to sell property.
ABI Membership is required to access the full summary of 56 Assoc. v. Diorio. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 30,2008, LexisNexis #0208-091

In re Perfetto

The debtor converted her chapter 13 case to one under chapter 7 and the court issued and order requiring her to file Official Bankr. Form B22A following the conversion. The debtor filed an objection. The issue was whether 11 U.S.C. § 707(b) required the means test form, Official Bankr. Form B22A, to be filed in cases voluntarily converted from chapter 13 to chapter 7.
Ruling: 
Filing of Form B22A required in cases converted from chapter 13 to chapter 7.
ABI Membership is required to access the full summary of In re Perfetto. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

1500 Mineral Springs Assocs. LP v. Gencarelli

Appellant creditors sought review of three orders issued by a U.S. Bankruptcy Court, which: (1) denied their motion to dismiss appellee debtor's individual chapter 11 petition for lack of good faith; (2) limited the creditors'claims against a corporate debtor for past and future rent to the amount provided by 11 U.S.C. § 502(b)(6); and (3) authorized an interim distribution to the individual debtor. The issues were consolidated for review.
Ruling: 
Case remanded for review of debtor's level of financial distress and reconsideration of cap on creditors'claims.
ABI Membership is required to access the full summary of 1500 Mineral Springs Assocs. LP v. Gencarelli. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

UPS Capital Bus. Credit v. Gencarelli

Appellant creditor appealed from an order of the bankruptcy court denying its claim for prepayment penalties on two commercial loans that appellant made to appellee debtor. The question presented was whether the bankruptcy court correctly determined that the prepayment penalties were not reasonable fees, costs, or charges within the meaning of 11 U.S.C. § 506(b).
Ruling: 
Claimed prepayment penalties on commercial loans properly denied as unreasonable.
ABI Membership is required to access the full summary of UPS Capital Bus. Credit v. Gencarelli. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Doherty v. Coccia (In re Coccia)

Plaintiff creditors sought a determination that their claim against defendant debtor was nondischargeable under 11 U.S.C. § 523(a)(6).
Ruling: 
Default judgment for conversion of vehicle was not grounds for nondischargeability absent evidence of willfull and malicious damage by debtor.
ABI Membership is required to access the full summary of Doherty v. Coccia (In re Coccia). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Pope

Two debtors filed an action seeking protection under chapter 13, and a limited liability company ("LLC") asked the bankruptcy court to confirm that the automatic stay provision of 11 U.S.C. § 362 was terminated, pursuant to 11 U.S.C. § 362(c)(3)(A), with respect to its collateral, the debtors'home.
Ruling: 
Stay did not terminate with respect to debtor's home which was property of the estate in second chapter 13 case filed less than one year after first case was dismissed.
ABI Membership is required to access the full summary of In re Pope. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Rhode Island