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In re Raffone

Jan
16
2008
Ruling
Debtors could not reopen case to expand exemption in property subject to judgment lien beyond amount originally claimed.
Procedural posture

The debtors filed for relief under chapter 7 of the United States Bankruptcy Code, and the case was closed in February 2002. The debtors sought to reopen the case for a ruling that the creditors could not proceed with post-petition lien rights on the debtors' real property. The debtors filed a motion to avoid the lien and to compel compliance with the exemption continuation provisions of 11 U.S.C. § 522(c).

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Consumer opinion summary, case decided on January 16, 2008 , LexisNexis #0208-136
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In re Pantani

Oct
26
2007
Ruling
Condominium association granted relief from stay to take possession of debtor's office unit.
Procedural posture

A condominium association (creditor) filed a motion seeking relief from the automatic stay that was imposed under 11 U.S.C. § 362(a) after a debtor filed a petition under chapter 13. The debtor filed a motion seeking an order requiring the creditor to turn over title to a condominium unit which it obtained in a foreclosure action.

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Consumer opinion summary, case decided on October 26, 2007 , LexisNexis #1107-109
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In re Hill

Oct
23
2007
Ruling
Attorney who represented debtors in original chapter 13 case sanctioned for misrepresentations in chapter 7 case filed on behalf of same debtors.
Procedural posture

The bankruptcy court issued an order to show cause compelling the debtors'attorney to show cause why he should not be personally sanctioned pursuant to Fed. R. Bankr. P. 9011(b), 28 U.S.C. § 1927, the court's inherent powers under 11 U.S.C. § 105, for filing false and misleading pleadings and schedules on behalf of the debtors.

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Consumer opinion summary, case decided on October 23, 2007 , LexisNexis #1107-140
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In re Flanagan

Oct
22
2007
Ruling
Application for contingency fee based on amounts recovered for the estate reduced by amounts related to sale of properties that already belonged to the estate.
Procedural posture

An attorney who was employed by a chapter 7 trustee with the court's approval, pursuant to 11 U.S.C. § 327(a), filed an application for approval of attorney's fees in the amount of $66,746.27, and expenses in the amount of $71.02. A creditor filed an objection to the application.

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Consumer opinion summary, case decided on October 22, 2007 , LexisNexis #1107-128
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In re Peck

Nov
27
2006
Ruling
Relief from stay granted to allow creditor to pursue legal malpractice and embezzlement action against debtor in order to collect from debtor's insurer.
Procedural posture

A creditor filed a motion seeking relief from the automatic stay of 11 U.S.C. § 362(a) to allow her to pursue claims against the debtor's insurer, and state that she intended to seek a judgment against the debtor to pursue her rights against the insurer. The creditor filed an amended motion requesting additional relief to pursue such remedies as may have been available through the State of Connecticut Judicial Branch's client security fund.

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opinion summary, case decided on November 27, 2006 , LexisNexis #0107-040
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Duly v. Dragone (In re Duly)

Jul
05
2006
Ruling
Court determined valuation of property using section 522(f)(2)(A) formula and granted motion to avoid creditor's judicial lien.
Procedural posture

The debtor filed a motion to avoid creditor's judicial lien pursuant to 11 U.S.C. § 522(f). Since it was undisputed that the subject lien was a judicial lien, that the debtor was entitled to a $75,000 homestead exemption, and the debtor's interest in the property was 50 percent of the value of the property, the sole issue was the valuation of the property as of the petition date.

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opinion summary, case decided on July 05, 2006 , LexisNexis #0806-023
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