Judge Shiff

In re SageCrest II LLC

Ruling: 
Claim based on unenforceable Canadian consulting agreement disallowed.
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Commercial case opionion summary, case decided on December 23,2015, LexisNexis #0116-084

In re Dunne

Ruling: 
Relief from stay granted to Irish official to continue prosecution of fraudulent transfer proceeding in Ireland against debtor's spouse.
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Consumer case opionion summary, case decided on November 25,2015, LexisNexis #1215-078

Cadle Co. v. Ogalin (In re Ogalin)

Ruling: 
Discharge denied due to debtor's transfer of disposable earnings within one year of petition date and causing company to disregard wage execution order.
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Consumer case opionion summary, case decided on October 23,2015, LexisNexis #1115-095

Skipp v. Brigham (In re Skipp)

Ruling: 
Debt owed to guardian ad litem was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on April 24,2015, LexisNexis #0515-085

In re First Conn. Consulting Group Inc.

Ruling: 
Trustee's settlement approved where chapter 7 debtor lacked standing to object.
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Commercial case opionion summary, case decided on October 09,2014, LexisNexis #1114-035

In re Churchill

Debtor moved for confirmation of his second amended plan. The chapter 13 trustee objected to confirmation of the plan, claiming that debtor understated his projected disposable income in violation of 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Confirmation denied due to understatement of projected disposable income.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0713-066

Desormes v. Charlotte School of Law Inc. (In re Desormes)

Plaintiff chapter 7 debtor filed adversary proceedings against defendants, a law school and others, claiming that defendants violated the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when he declared bankruptcy, and seeking a determination that student loan debt be owed was dischargeable under 11 U.S.C.S. § 523(a)(8). The court consolidated the debtor's actions and tried his claims together.
Ruling: 
Law school held not to have violated stay by attempting to collect student loan debt absent evidence of knowledge or damages suffered by debtor.
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Consumer case opionion summary, case decided on September 19,2012, LexisNexis #1012-113

Aqua Scapes LLC v. Giaccio (In re Giaccio)

Plaintiff creditor brought a four-count complaint against defendant chapter 7 debtor under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(6) for an exception to the discharge of a debt, and a determination of the amount that non-discharged debt. Debtor denied the allegations and asserted a "Special Defense" of accord and satisfaction which the creditor denied. The matter was before the court for judgment.
Ruling: 
Debt was nondischargeable where debtor fraudulently induced creditor to perform work for which it could not pay.
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Consumer case opionion summary, case decided on September 06,2012, LexisNexis #1012-014

In re Derby Dev. Corp.

A bankruptcy debtor proposed a plan of reorganization which a mechanic's lienor as the sole member of an impaired class of creditors voted to accept. A creditor moved to disregard the vote of the lienor as not voted in good faith pursuant to 11 U.S.C.S. § 1126(e).
Ruling: 
Vote for confirmation by mechanics' lienor that was organized by debtor disregarded as made in bad faith.
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Commercial case opionion summary, case decided on June 28,2012, LexisNexis #0912-135

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