Sattler v. Shallow (In re Shallow)
Aug
25
2008
Ruling
Debts were dischargeable absent evidence of intent to cause injury to creditor.
Procedural posture
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), a second claim held nondischargeable pursuant to § 523(a)(2)(A), § 523(a)(4), and § 523(a)(6).
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Court
:
- 28 U.S.C.
White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)
Jul
25
2008
Ruling
Proceeding against debtor contractor's sureties and attorneys for acting in self-interest under indemnity agreement remanded to state court.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Windham Mills Dev. Corp.
Apr
08
2008
Ruling
Redetermination of value of collateral appropriate given changed circumstances.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Roberts
Feb
28
2008
Ruling
Debtor could take transportation ownership expense on vehicle owned free and clear.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Haughton v. Alipio (In re Alipio)
Nov
29
2007
Ruling
Strict foreclosure conducted by condominium association without notice of bankruptcy was void.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Egbarin v. Law Office of Robert H. Weinstein (In re Egbarin)
Oct
11
2007
Ruling
Attorney's filing of state court action, which was withdrawn upon objection, did not violate discharge injunction.
Procedural posture
The debtor filed a motion for contempt against respondents, a law firm, an attorney, and a creditor.
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Court
:
In re R.G. Pharm. Inc.
Aug
29
2007
Ruling
Extension of debtor's exclusivity period for filing plan denied absent good cause.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Four J Funding LLC v. Land Pres. LLC (In re Land Pres. LLC)
Jul
02
2007
Ruling
Relief from stay to allow foreclosure granted in single asset case.
Procedural posture
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.
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Court
:
- 11 U.S.C.
DeFeo v. DeFeo (In re DeFeo)
May
23
2007
Ruling
Post-dissolution property settlement was nondischargeable as detriment to former spouse outweighed benefit to debtor.
Procedural posture
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.
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Court
:
Adams v. Zembko (In re Zembko)
May
01
2007
Ruling
Discharge revoked and denied due to debtor's concealment of assets.
Procedural posture
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.
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Court
: