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Pryor v. Tromba

Apr
07
2014
Ruling
Withdrawal of reference of avoidance proceeding against non-creditor denied without prejudice although bankruptcy court lacked jurisdiction to render final judgment under Stern.
Issue(s)
Should reference of avoidance proceeding against non-creditor be withdrawn pursuant to the U.S. Supreme Court's decision in Stern?

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Consumer opinion summary, case decided on April 07, 2014 , LexisNexis #0914-135
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Swiatkowski v. CitiMortgage Inc.

Sep
19
2011
Ruling
Appeal of order lifting stay dismissed as not timely filed.
Procedural posture

Appellee creditor filed a motion in the United States Bankruptcy Court for the Eastern District of New York, seeking relief from the automatic stay imposed under 11 U.S.C.S. § 362 in appellant debtor's Chapter 13 case. The bankruptcy court granted relief from the stay. Appellant sought review. Appellee moved to dismiss the appeal.

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Consumer opinion summary, case decided on September 19, 2011 , LexisNexis #1011-065
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Bristol v. Ackerman (In re Bristol)

Feb
02
2009
Ruling
Incarceration did not qualify as "incapacity" that would exempt debtor from credit counseling requirement.
Procedural posture

Appellant debtor filed a petition under chapter 7 of the Bankruptcy Code while he was incarcerated, and the United States Bankruptcy Court for the Eastern District of New York dismissed the case because the debtor had not filed proof that he received budget and credit counseling, as required by 11 U.S.C.S. § 109(h)(1). The debtor appealed, and appellee trustee defended the bankruptcy court's order on appeal.

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Consumer opinion summary, case decided on February 02, 2009 , LexisNexis #0309-037
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Durand v. Ackerman (In re Durand)

Sep
16
2008
Ruling
Default and sanctions reversed as failure to appear at hearing in avoidance proceeding was insufficient grounds.
Procedural posture

Appellant husband sought review of the judgments of the United States Bankruptcy Court, which denied his motion for reconsideration and granted appellee trustee's motion, pursuant to Fed. R. Bankr. P. 7037 and Fed R. Civ. P. 37, for default judgment and sanctions, specifically attorney's fees and costs, in an action to avoid the debtor's transfer of property to her husband as a fraudulent conveyance or unauthorized post-petition transfer.

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Consumer opinion summary, case decided on September 16, 2008 , LexisNexis #1008-136
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Adler v. Ng (In re Adler)

Sep
15
2008
Ruling
Denial of discharge for fraud reversed due to improper application of collateral estoppel.
Procedural posture

Appellee creditors brought an adversary proceeding against appellant bankruptcy debtor seeking a determination that a debt was not dischargeable based on fraud under 11 U.S.C.S. § 523(a)(2)(A), seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A). The debtor appealed the order of the United States Bankruptcy Court for the Eastern District of New York which granted partial summary judgment to the creditors.

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Consumer opinion summary, case decided on September 15, 2008 , LexisNexis #1008-138
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Albicocco v. Albicocco (In re Albicocco)

Aug
16
2006
Ruling
Debtor's appeal dismissed due to failure to file timely statement of issues.
Procedural posture

Appellee creditor, a family-run, closely-held corporation, commenced an involuntary bankruptcy proceeding against appellant debtor under chapter 7. The debtor appealed an order of the bankruptcy court approving a settlement between the bankruptcy trustee and several creditors. The creditor filed a motion to dismiss the appeal.

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opinion summary, case decided on August 16, 2006 , LexisNexis #1006-069
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