- 11 U.S.C.
Schlarman v. SunTrust Mortg. Inc. (In re Helvey)
Aug
02
2006
Ruling
Trustee's status as bona fide purchaser for value allowed trustee to avoid defectively acknowledged mortgage.
Procedural posture
Plaintiff bankruptcy trustee filed a motion for summary judgment in a core proceeding brought against defendant mortgage company in which the trustee sought to avoid the company's mortgage pursuant to 11 U.S.C. § 544(a)(3).
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Court
:
- 11 U.S.C.
Keene v. Mugford (In re Mugford)
Jul
28
2006
Ruling
Homeowners'complaint against debtor contractor was dismissed since homeowners failed to demonstrate debtor knowingly made false representations.
Procedural posture
Plaintiff homeowners brought an adversary proceeding against defendant chapter 7 debtor, alleging that their claim for damages against the debtor arising from his alleged breach of a home improvement contract was excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and (B). The bankruptcy court held a trial on the complaint.
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Court
:
- 11 U.S.C.
Green v. Cornell Univ. (In re Green)
Jul
24
2006
Ruling
Debt was deemed nondischargeable since debtor failed to prove undue hardship.
Procedural posture
After filing a voluntary chapter 7 petition, plaintiff debtor sued defendant university and education loan companies, seeking a determination that debt arising from various educational loans should have been discharged under 11 U.S.C. § 523(a)(8) because repayment would have imposed an undue hardship upon him. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Burrell v. Town of Marion (In re Burrell)
Jul
18
2006
Ruling
Tax lien for prepetition real estate and water taxes was discharged upon completion of plan.
Procedural posture
Appellant chapter 13 debtor filed an adversary proceeding against appellee town, seeking, inter alia, a determination that her obligations for postpetition interest on real estate taxes and prepetition water charges were discharged when her amended chapter 13 plan was confirmed. The Bankruptcy Court for the District of Massachusetts granted the town summary judgment. The debtor appealed.
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- 11 U.S.C.
In re Molten Metal Tech. Inc.
Jul
07
2006
Ruling
Court granted final compensation and expense requests but denied premium request since lodestar allowance fairly and reasonably compensated trustee and retained professionals.
Procedural posture
A bankruptcy trustee, his counsel, his two special counsel, his accountant, and his special consulting expert (the professionals) requested final compensation for services and reimbursement of expenses in jointly administered chapter 11 cases. In addition to its hourly/lodestar compensation request, the trustee's counsel sought a premium.
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Court
:
- 11 U.S.C.
Burke v. Neronha (In re Neronha)
Jun
30
2006
Ruling
Court denied creditor summary judgment on issue of debt dischargeability since state agency award did not establish necessary elements under section 523(a)(6).
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that her debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The underlying debt involved an award for sexual harassment. The creditor moved for summary judgment, arguing that the adjudication by the state agency had preclusive effect as to all the necessary elements under section 523(a)(6). The debtor moved to dismiss.
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In re Sarafoglou
Jun
29
2006
Ruling
Creditor was denied relief from automatic stay since creditor was adequately protected by equity cushion.
Procedural posture
Movant, the servicing agent for creditor, filed a motion for an order confirming that the automatic stay, 11 U.S.C. § 362, was not in effect in debtor's chapter 13 case and was no bar to creditor's foreclosure of its mortgage. Creditor requested relief from stay on account of its mortgage on debtor's residence because of a lack of adequate protection and debtor having no equity in her residence. Debtor requested that the stay take effect.
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Court
:
- 11 U.S.C.
Rowlands v. Fraser (In re Rowlands)
Jun
28
2006
Ruling
Summary judgment denying discharge was reversed since creditors did not establish intent to defraud.
Procedural posture
Appellee creditors brought an adversary proceeding against appellant bankruptcy debtor, asserting pursuant to 11 U.S.C. § 727(a)(2)(A) that the debtor was not entitled to a discharge based on the debtor's concealment of assets. The debtor appealed the order of the Bankruptcy Court for the District of Massachusetts which granted summary judgment to the creditors.
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DCFS Trust v. Goldstein (In re Goldstein)
Jun
28
2006
Ruling
Debt was deemed dischargeable since debtor did not act willfully.
Procedural posture
Plaintiff creditor brought an adversary proceeding and sought a determination that its claim for damages against debtor arising from debtor's failure to return a leased car was excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and (a)(6). Debtor moved for sanctions pursuant to 11 U.S.C. § 362 for violation of the automatic stay, Fed. R. Bankr. P. 9011, Fed. R. Civ. P. 37, and attorneys fees and costs under 11 U.S.C. § 523(d).
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Braunstein v. Panagiotou (In re McCabe)
Jun
27
2006
Ruling
Court deemed that co-owner of a limited liability company with debtor willfully violated automatic stay by unilaterally reallocating ownership interests.
Procedural posture
Plaintiff trustee filed a motion for partial summary judgment on his claim that defendants, a corporation and an individual, violated the automatic stay under 11 U.S.C. § 362(d). Defendants filed a motion for summary judgment in as to plaintiff's claims for violation of the automatic stay, for turnover under 11 U.S.C. § 542, to avoid postpetition transfers pursuant to 11 U.S.C. § 549(a)(1) and (2)(B), and claims under state law.
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