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Crestwood James LLC v. Persechino (In re Persechino)

Jan
20
2010
Ruling
Judgment for dog bite injury entered under strict liability statute was dischargeable.
Procedural posture

Plaintiff creditor commenced an adversary proceeding against defendant chapter 7 debtor seeking a determination that a judgment debt owed to it by the debtor should be deemed nondischargeable under 11 U.S.C.S. § 523(a)(6). The judgment arose from a dog bite injury sustained by the creditor's assignor under the strict liability mandate of Conn. Gen. Stat. § 22-357 (2001) (the dog bite statute).

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Consumer opinion summary, case decided on January 20, 2010 , LexisNexis #0310-124
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Peterson v. Peterson (In re Peterson)

Apr
08
2009
Ruling
Relief from stay granted to allow debtor's former spouse to obtain alimony and support and withholding order.
Procedural posture

The non-debtor spouse of a chapter 11 debtor, sought relief from the 11 U.S.C.S. § 362 automatic stay to obtain alimony, other support, and possession of the marital home from the Connecticut Superior Court. At issue was whether the exception in § 362(b)(2)(C) was limited to instances where a spouse had obtained an order for a domestic support obligation prior to the commencement of a bankruptcy case.

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Consumer opinion summary, case decided on April 08, 2009 , LexisNexis #0609-072
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In re Scott Cable Communs. Inc.

Mar
09
2009
Ruling
Case converted to chapter 7 on remand in best interests of creditors.
Procedural posture

The United States Internal Revenue Service (IRS) moved to dismiss or convert the debtor's case or to appoint a chapter 11 trustee. On a prior appeal, the district court vacated the bankruptcy court's denial of the IRS's motion to convert and remanded that matter with the direction that the court re-exercise its discretion.

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Commercial opinion summary, case decided on March 09, 2009 , LexisNexis #0809-033
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United States v. Argenti (In re Argenti)

Aug
04
2008
Ruling
Discharge denied due to debtor's false statements under oath.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's false statements under oath. The bankruptcy court conducted a trial.

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Consumer opinion summary, case decided on August 04, 2008 , LexisNexis #1208-069
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McCarron v. Andrews (In re Andrews)

Apr
08
2008
Ruling
Judgment debt based on debtor manager's intentional misrepresentations to creditor horse jockeys was nondischargeable.
Procedural posture

Plaintiff creditors, who were professional horseracing jockeys, brought adversary proceedings against defendant bankruptcy debtors, who were the creditors' former business managers, seeking nondischargeability of the creditors' judgment against the debtors based on fraud under 11 U.S.C.S. § 523(a)(2)(A). The creditors moved for summary judgment based on collateral estoppel, and the debtors cross-moved for summary judgment based on untimeliness.

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Consumer opinion summary, case decided on April 08, 2008 , LexisNexis #0508-136
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Britestar Homes Inc. v. City of New York (In re Britestar Homes Inc.)

May
10
2007
Ruling
Injunction issued to stay suit brought by city that would have impeded debtor's reorganization.
Procedural posture

Plaintiffs, debtor and an LLC, sought injunctive relief against defendant, the City of New York, alleging a breach of a Settlement Agreement between debtor and the City regarding a tax claim dispute. Plaintiffs filed an emergency motion for a temporary restraining order and a preliminary injunction. The court entered a restraining order. The City objected to the motion. Pending was memorialization of a bench order entered on April 27, 2007.

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opinion summary, case decided on May 10, 2007 , LexisNexis #0607-123
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In re Kernan

Jan
05
2007
Ruling
Debtor given wrong services by credit counseling service satisfied requirement by obtaining proper counseling immediately postpetition.
Procedural posture

The United States trustee ("UST") has moved to dismiss the debtor's chapter 7 case because the debtor did not timely satisfy the prepetition duties required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). Specifically, the UST argued that the debtor did not properly comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1).

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opinion summary, case decided on January 05, 2007 , LexisNexis #0207-071
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In re Nattel

Dec
28
2006
Ruling
Non-operating entity with no prospect of rehabilitation could file chapter 11 case to challenge preclusive effect of foreign court's valuation order.
Procedural posture

A creditor filed motions to dismiss a debtor's chapter 11 bankruptcy case under 11 U.S.C. § 1112(b)(1) or in the alternative, for abstention under 11 U.S.C. § 305(a), , in the alternative, for relief from the automatic stay under 11 U.S.C. § 362(d)(1).

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opinion summary, case decided on December 28, 2006 , LexisNexis #0207-084
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