- 11 U.S.C.
Dennis v. Hall (In re Hall)
Nov
19
2012
Ruling
Debtor landlord's liability to tenant for security deposit was nondischargeable on grounds of fiduciary defalcation.
Procedural posture
A former tenant of debtor sought a determination that a certain alleged debt owing to her from the debtor was not discharged in the debtor's chapter 7 bankruptcy case pursuant to 11 U.S.C.S. § 523(a)(4) and /or 523(a)(6).
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- 11 U.S.C.
Connecticut Attys. Title Ins. Co. v. Budnick (In re Budnick)
Apr
09
2012
Ruling
Liabilities of spouse for embezzlement was imputed to debtors, resulting in nondischargeable debt.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a judgment debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(a) based on the embezzlement and fraud of the debtor's spouse as an employee of the creditor.
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- 11 U.S.C.
In re Bridgeport Redevelopment Inc.
Feb
07
2012
Ruling
Confirmation denied due to treatment of secured claim that was not fair or equitable.
Procedural posture
Secured creditor, which held a mortgage on debtor's real property, filed an objection with respect to its treatment of the claim under the chapter 11 plan, pursuant to 11 U.S.C.S. § 1111(b)(2). Debtor asserted that the treatment of the claim was fair and equitable under 11 U.S.C.S. § 1129(b)(1), because it provided the creditor with the indubitable equivalent of the secured claim.
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Heflin v. Santander Consumer USA Inc. (In re Heflin)
May
02
2011
Ruling
Repossession of truck violated stay.
Procedural posture
Plaintiff debtor sought damages, pursuant to 11 U.S.C.S. § 362(k), against defendant, the secured creditor holding the purchase money first lien on his truck, alleging a violation of the automatic stay.
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Malicki v. Berstein (In re Berstein)
Apr
21
2011
Ruling
Failure to disclose property interest that was neither willing nor fraudulent was not grounds for denial of discharge.
Procedural posture
In this adversary proceeding, creditor sought denial of defendant debtor's chapter 7 discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(B) and/or 727(a)(4)(A). The debtor filed a counterclaim pursuant to 11 U.S.C.S. § 362(k) for damages allegedly incurred as a result of the creditor's alleged willful violations of the automatic stay.
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Court
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In re Chez
Dec
09
2010
Ruling
Attorneys' fees ordered disgorged as not properly disclosed.
Procedural posture
Following the debtor's complaints about the services provided her by her attorney of record, the court issued an order to show cause why attorney's fees should not be disgorged and requiring attendance of the debtor and her chapter 7 counsel at a hearing.
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In re Van Eck
Mar
16
2010
Ruling
Case dismissed due to pattern of abuse of reorganization process.
Procedural posture
Before the court was the U.S. Trustee's motion to dismiss debtor's chapter 11 case.
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- 11 U.S.C.
In re Cavaciutti
Oct
27
2009
Ruling
State judgment lien validly attached to after-acquired interest in same property could not be avoided.
Procedural posture
Movant creditor, the holder of a judgment lien pursuant to Conn. Gen. Stat. § 52-380a, sought relief from the automatic stay with respect to a certain real property, and the debtor moved to avoid the creditor's judgment lien pursuant to 11 U.S.C.S. § 522(f). The creditor moved for summary judgment on its claim.
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:
- 11 U.S.C.
In re Clark
Feb
23
2009
Ruling
Deadline for reaffirmation agreements does not apply where no court action is required or where action required would be approval.
Procedural posture
After discharge orders had been granted pursuant to 11 U.S.C.S. § 727 to five debtors, reaffirmation agreements were filed or heard with respect to motor vehicles the debtors had purchased. The court issued an opinion to address the recurring issue of reaffirmation agreements filed in chapter 7 cases after entry of discharge in light of an earlier court opinion.
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Adams v. Bostick (In re Bostick)
Feb
02
2009
Ruling
Post-chapter 13 petition lottery winnings were not part of estate after conversion to chapter 7 by trustee.
Procedural posture
The United States trustee moved for the entry of a default judgment denying the debtor a discharge in her converted chapter 7 case, pursuant to 11 U.S.C.S. § 727(a). The issue was whether property in the form of lottery winnings won after the filing of the chapter 13 petition was property of the chapter 7 estate within the purview of 11 U.S.C.S. § 727(a)(2)(B).
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Court
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