Judge Krechevsky

Sattler v. Shallow (In re Shallow)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking to have one claim held nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6), and a second claim held nondischargeable pursuant to § 523(a)(2)(A), § 523(a)(4), and § 523(a)(6).
Ruling: 
Debts were dischargeable absent evidence of intent to cause injury to creditor.
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Consumer case opionion summary, case decided on August 25,2008, LexisNexis #0109-032

White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)

One plaintiff and one defendant (objecting parties) filed motions to abstain and to remand to state court the captioned adversary proceeding, which had been removed to the bankruptcy court pursuant to 28 U.S.C.S. § 1452(a). The basis of the complaint was that defendants, sureties and attorneys, rather than acting on the behalf of the plaintiffs, the debtor and its affiliates under an indemnity agreement, acted in their own self-interest.
Ruling: 
Proceeding against debtor contractor's sureties and attorneys for acting in self-interest under indemnity agreement remanded to state court.
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Commercial case opionion summary, case decided on July 25,2008, LexisNexis #0808-088

In re Windham Mills Dev. Corp.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor submitted a plan allowing a secured creditor to purchase the debtor's property as part of the plan of reorganization. The court issued an order that determined the value of the collateral, pursuant to 11 U.S.C.S. § 506 (506. The State of Connecticut, Department of Economic and Community Development (the DECD) filed a motion to vacate the 506 order.
Ruling: 
Redetermination of value of collateral appropriate given changed circumstances.
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Commercial case opionion summary, case decided on April 08,2008, LexisNexis #0508-135

In re Roberts

A bankruptcy debtor with above-median income proposed a chapter 13 plan which claimed a standard deduction from disposable income for transportation ownership expense. The trustee verbally objected to the deduction on the ground that the debtor had no vehicle loan or lease payment, and the debtor moved for a determination of the applicable transportation ownership expense.
Ruling: 
Debtor could take transportation ownership expense on vehicle owned free and clear.
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Consumer case opionion summary, case decided on February 28,2008, LexisNexis #0408-014

Haughton v. Alipio (In re Alipio)

Movants, an individual and a corporation, as a nominee for a mortgage company, reopened a former chapter 7 proceeding against respondent debtor after the debtor had received a discharge. The movants filed a motion to annul an automatic stay of the state court foreclosure proceedings pending on the debtor's condominium unit.
Ruling: 
Strict foreclosure conducted by condominium association without notice of bankruptcy was void.
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Consumer case opionion summary, case decided on November 29,2007, LexisNexis #0108-092

Egbarin v. Law Office of Robert H. Weinstein (In re Egbarin)

The debtor filed a motion for contempt against respondents, a law firm, an attorney, and a creditor.
Ruling: 
Attorney's filing of state court action, which was withdrawn upon objection, did not violate discharge injunction.
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Consumer case opionion summary, case decided on October 11,2007, LexisNexis #1107-062

In re R.G. Pharm. Inc.

A chapter 11 debtor filed a motion for an order, pursuant to 11 U.S.C. § 1121(d), to further extend the debtor's exclusivity period in which to file a plan of reorganization. Two creditors filed objections to the granting of the motion.
Ruling: 
Extension of debtor's exclusivity period for filing plan denied absent good cause.
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Four J Funding LLC v. Land Pres. LLC (In re Land Pres. LLC)

Secured creditor filed a motion for relief from the automatic stay to permit the creditor to continue with a pending state-court foreclosure action. The motion asserted that the debtor's case was a single asset real estate case under 11 U.S.C. § 362(d)(3), that the debtor lacked equity in the property; and that the property was not necessary for a reorganization.
Ruling: 
Relief from stay to allow foreclosure granted in single asset case.
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DeFeo v. DeFeo (In re DeFeo)

Plaintiff former wife filed an adversary proceeding seeking: (1) to except from discharge, pursuant to 11 U.S.C. § 523(a)(15), the debts due her in accordance with a state court judgment of marital dissolution, and (2) to recover the attorney's fees she incurred in bringing the action against defendant debtor.
Ruling: 
Post-dissolution property settlement was nondischargeable as detriment to former spouse outweighed benefit to debtor.
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Adams v. Zembko (In re Zembko)

Plaintiff, the U.S. Trustee (UST), filed a present complaint seeking: (1) revocation of debtor's discharge pursuant to 11 U.S.C. § 727(d)(1) (discharge obtained by fraud); and (2) and denial of a subsequent discharge pursuant to both section 727(a)(2)(A) (debtor's fraudulent transfer or concealment of property) and section 727(a)(4) (debtor's false oath). The matter was pending decision following trial.
Ruling: 
Discharge revoked and denied due to debtor's concealment of assets.
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