- 11 U.S.C.
In re DiLieto
Feb
29
2012
Ruling
Trustee's fee application denied in full due to failure to keep accurate time records, false time entries and intentionally false statements.
Procedural posture
Former trustee for a chapter 7 bankruptcy estate filed an application for compensation for his services as trustee pursuant to 11 U.S.C.S. § 330.
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Court
:
- 11 U.S.C.
In re Gasztold
Oct
25
2011
Ruling
Payment to joint debtor spouse of one-half interest in residence in exchange for quitclaim as part of postpetition divorce was not property of the estate.
Procedural posture
The Chapter 7 Trustee moved to compel filing of a supplemental schedule with respect to property of the estate.
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Court
:
- 11 U.S.C.
In re Marrero
Sep
21
2011
Ruling
Plan providing Till rate of interest on payments to undersecured creditor could be confirmed.
Procedural posture
A secured creditor objected to the confirmation of the debtors' First Amended Plan (the Plan), asserting that the Plan was not feasible and failed to provide interest on its secured claim at a rate that would allow it to receive property of a total value equal to the allowed amount of its claim as required by 11 U.S.C.S. § 1325(a)(5).
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Court
:
- 11 U.S.C.
In re Obrizzo
Sep
14
2011
Ruling
Trustee lacked authority to sell debtor's fully exempt auto body shop.
Procedural posture
Debtor filed a petition under Chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a notice that he intended to sell property the debtor owned at a private sale, pursuant to 11 U.S.C.S. § 363, the debtor filed an objection to the trustee's notice.
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Court
:
Killian v. Fucci (In re Fucci)
Mar
31
2011
Ruling
Damages under state unfair trade practices act were dischargeable where underlying fraud claims were not established.
Procedural posture
Plaintiff creditors filed a complaint against defendant Chapter 7 debtor seeking to have their claim declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6).
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Court
:
- 11 U.S.C.
In re Alletto
Dec
09
2010
Ruling
Debtor and attorney ordered to turn over proceeds of personal injury settlement that was not submitted to bankruptcy court for approval.
Procedural posture
Debtor filed a petition under chapter 7, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion for an order compelling the debtor to turn over money she received from an attorney who settled a personal injury claim, requiring the debtor and the attorney to turn over all documents pertaining to the debtor's claim, and requiring the attorney to disgorge his fees and expenses.
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Court
:
In re Szeflinski
Oct
14
2010
Ruling
Creditor sanctioned for commencing foreclosure in violation of stay.
Procedural posture
Chapter 7 debtor filed a successful motion alleging a willful and deliberate violation of the automatic stay of 11 U.S.C.S. § 362(a) by a creditor. For an actual damages calculation, the court ordered the debtor's attorney to file an affidavit of attorneys' fees and costs.
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Court
:
- 11 U.S.C.
Rae v. United States (In re Rae)
Aug
25
2010
Ruling
Bankruptcy court refused to determine tax liability in no asset case.
Procedural posture
United States filed a motion to dismiss for lack of jurisdiction plaintiff chapter 7 debtor's action, which sought a determination that he was not liable for a $1.3 million tax assessed by the Internal Revenue Service (IRS), and sought civil damages and criminal damages against the IRS.
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Court
:
- 11 U.S.C.
In re Jacques
Jul
23
2010
Ruling
Dismissal of involuntary petition denied where petitioning creditor met burden and conversion to voluntary chapter 13 case denied as debtor was not qualified.
Procedural posture
A debtor filed a motion to convert an involuntary petition commenced against him under Chapter 7 to a voluntary petition under chapter 13. Alternatively, he sought dismissal of the involuntary petition, alleging that it was filed against him improperly and in bad faith. The debtor also counterclaimed against the petitioning creditor, seeking damages for embarrassment and defamation and an order requiring her to post a bond to indemnify him.
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Court
:
- 11 U.S.C.
In re Szeflinski
Apr
20
2010
Ruling
Foreclosure action filed in violation of stay entitled debtor to damages.
Procedural posture
A chapter 7 debtor filed a motion seeking monetary damages and other relief pursuant to 11 U.S.C.S. § 362(k)(1) based on a creditor's alleged willful and deliberate violation of the automatic stay related to the creditor's postpetition commencement of a state court civil action for the foreclosure of certain real property of the debtor.
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Court
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