- 11 U.S.C.
In re Smith
Oct
03
2013
Ruling
Attorneys' fees awarded where collection letter violated discharge injunction but damages not awarded absent evidence.
Issue(s)
Was collection letter a willful violation of discharge that would entitle debtor to damages and attorneys' fees.
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In re Chickosky
Oct
01
2013
Ruling
Confirmation of chapter 12 plan denied on feasibility grounds.
Issue(s)
Was plan of debtor tobacco farmers confirmable given projected income and expenses and proposed treatment of creditors.
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Court
:
- 11 U.S.C.
In re Affinity Health Care Mgmt.
Aug
27
2013
Ruling
Transfers to insider for which record keeping was indecipherable or nonexistent were avoidable.
Issue(s)
Were payments on "informal" loans documented by incomplete handwritten records avoidable?
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Court
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Wolmer v. Bristol Gastroenterology Assocs. PC (In re Wolmer)
Apr
24
2013
Ruling
Lien did not impair homestead exemption if costs of possible sale were excluded from value calculation.
Procedural posture
A bankruptcy debtor asserted that judicial liens impaired the debtor's homestead exemption in her residential real property and were thus avoidable. The debtor moved to avoid the liens pursuant to 11 U.S.C.S. § 522(f).
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Court
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Novak v. CMC Joist & Deck (In re Steel Fab Inc.)
Feb
22
2013
Ruling
Payments under construction contract jointly payable to supplier and debtor were not avoidable as debtor was a mere conduit.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against defendant supplier under a construction contract of which a bankruptcy debtor was a subcontractor, alleging that the debtor's payments to the supplier by checks jointly payable to the supplier and the debtor were avoidable as preferential transfers under 11 U.S.C.S. § 547(b). The supplier moved for summary judgment.
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Court
:
- 11 U.S.C.
Quality Sales LLC v. Gitlan Campise LLC (In re Quality Sales LLC)
Feb
01
2013
Ruling
Trustee's state court lawsuit on behalf of debtor was not subject to stay.
Procedural posture
Before the court was debtor's Motion for Relief From Stay, which sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to permit "the debtor to continue to prosecute a lawsuit" in the Connecticut Superior Court. In the State Court Action, debtor, as the original plaintiff, sought a recovery from defendants (respondents here), its former accountants and accounting firm. They filed an Objection to the Motion.
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Court
:
- 11 U.S.C.
Barbuito v. Barbuito (In re Barbuito)
Aug
06
2012
Ruling
Debts debtor agreed to assume in marital settlement agreement were nondischargeable as to debtor's former spouse.
Procedural posture
Plaintiff ex-husband filed an adversary proceeding against defendant chapter 7 debtor, his ex-wife, seeking a determination that debts in the amount of $1,314,517 which his wife agreed to assume under a marital settlement agreement ("MSA") were nondischargeable as to him under 11 U.S.C.S. § 523(a)(5) and /or § 523(a)(15). The ex-husband filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Utz
Jun
26
2012
Ruling
Non-debtor former spouse of debtor could not seek emergency reinstatement of stay.
Procedural posture
A movant, the non-debtor former spouse of a chapter 7 debtor, filed an emergency motion for reinstatement of the automatic stay. A creditor that had obtained relief from the automatic stay and had scheduled a foreclosure sale of real property objected to the motion, asserting that the movant lacked standing to prosecute the motion and claiming prejudice by the delay in the filing of the motion.
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Court
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In re Smigelski
May
03
2012
Ruling
Debtor suspended lawyer's case dismissed as filed without legitimate basis.
Procedural posture
A bankruptcy debtor's motion to convert his case from chapter 13 to chapter 11 was denied on the basis of the debtor's lack of good faith in filing the chapter 13 case and seeking conversion to chapter 11. The bankruptcy trustee moved to dismiss the debtor's case.
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Court
:
- 11 U.S.C.
Novak v. Drake (In re Drake)
Mar
30
2012
Ruling
Insurance annuity that was a structured settlement rather than spendthrift trust was property of the estate.
Procedural posture
Plaintiff chapter 7 trustee and defendant debtor filed motions for summary judgment in the trustee's action, which sought pursuant to 11 U.S.C. § 542 and § 543 to recover for the benefit of the bankruptcy estate monthly payments due to the debtor as beneficiary under an annuity contract issued by defendant insurance company.
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