Judge Craig

In re American Medical Utilization Mgmt. Corp.

Chapter 11 trustee sought sanctions against an attorney and his law firm for violating the automatic stay imposed under 11 U.S.C.S. § 362(a) when the attorney took action to restrain funds which the debtor was entitled to receive from the New York State Department of Health, in an effort to collect a pre-petition claim.
Ruling: 
Attorney's attempts to restrain funds debtor was entitled to recover from state health department violated stay.
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Commercial case opionion summary, case decided on July 02,2013, LexisNexis #0713-110

Yankowitz Law Firm v. Tashlitsky (In re Tashlitsky)

Creditor, a law firm, filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (a)(6). The debtor filed a motion to dismiss the cause of action predicated on § 523(a)(4) pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012(b).
Ruling: 
Claim based on diversion of law firm clients was dischargeable as not based on fiduciary relationship or embezzlement.
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Consumer case opionion summary, case decided on June 24,2013, LexisNexis #0713-119

Geltzer v. Balgobin (In re Balgobin)

The chapter 7 trustee of debtor brought an adversary complaint against the debtor's son, seeking the turnover of an automobile, a 2004 Cadillac Escalade, titled in the debtor's name, but in possession of debtor's son, asserting that the vehicle became property of the debtor's estate on the petition date under 11 U.S.C.S. § 541.
Ruling: 
Debtor's son ordered to turn over vehicle in his possession but to which debtor held title.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-127

Pu v. Mitsopoulos (In re Mitsopoulos)

Plaintiff creditor brought an adversary proceeding objecting to the discharge of the debtor pursuant to 11 U.S.C.S. § 727(a)(3), based on the debtor's failure to keep or preserve recorded information relating to his business, a pharmacy which closed during the year before he filed for bankruptcy.
Ruling: 
Discharge denied due to failure to keep adequate records.
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Consumer case opionion summary, case decided on March 08,2013, LexisNexis #0413-061

In re Persaud

United States Trustee for Region 2 (UST) filed a motion seeking dismissal of the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 707(b)(1), (2), and (3) for abuse of the provisions of chapter 7 of the Bankruptcy Code.
Ruling: 
Case dismissed for abuse due to improper marital adjustment.
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Consumer case opionion summary, case decided on February 04,2013, LexisNexis #0213-130

Virovlyanskaya v. Virovlyanskaya (In re Virovlyanskaya)

The estranged wife of debtor commenced this adversary proceeding seeking to deny debtor a discharge pursuant to 11 U.S.C.S. § 727(a). A trial was held.
Ruling: 
Discharge denied due to omissions and misstatements.
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Consumer case opionion summary, case decided on January 11,2013, LexisNexis #0213-016

In re Moore

The United States Trustee filed a motion to impose sanctions against, and to compel the disgorgement of fees from, a suspended attorney and his employee, a nonlawyer, acting as a bankruptcy petition preparer, for repeated violations of 11 U.S.C.S. § 110 in multiple bankruptcy cases, by failing to sign and include identifying information on documents filed with the court, failing to disclose compensation, and providing legal advice.
Ruling: 
Suspended attorney and nonlawyer acting as bankruptcy petition preparers sanctioned for failing to sign and include identifying information or disclose compensation and for providing legal advice.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-036

In re GEL LLC

Debtors' largest and sole secured creditor applied for the entry of a court order dismissing the chapter 11 cases of two debtor limited liability companies (LLC) with prejudice pursuant to 11 U.S.C.S. §§ 362(d)(4), 707(a) and 1112(b), asserting that multiple grounds warranted the relief, including the failure of debtors to maintain insurance on the real property, and numerous indicia of that the filings were in bad faith.
Ruling: 
Case dismissed due to debtor's multiple serial filings, failure to comply with reporting obligations and failure to maintain adequate insurance.
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Commercial case opionion summary, case decided on July 30,2012, LexisNexis #0812-091

In re Starbrite Props. Corp.

This matter came before the court on the motion of debtor's counsel for an order pursuant to 11 U.S.C.S. § 107(b) and Fed. R. Bankr. P. 9018 to seal its opposition (the objection) to the motion of an attorney for debtor's principal to quash a subpoena issued by debtor's counsel to said attorney.
Ruling: 
Motion to seal debtor's objection to motion to quash denied in absence of scandalous material.
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Commercial case opionion summary, case decided on June 05,2012, LexisNexis #0712-073

In re Flowers

A United States Trustee ("UST") filed an application for an order to show cause why an attorney who filed four chapter 7 bankruptcy petitions on behalf of unrelated debtors should not be sanctioned pursuant to Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 105. The court issued the order and held a hearing to determine if the attorney should be sanctioned.
Ruling: 
Attorney sanctioned for electronically filing four petitions in the name of another attorney.
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Consumer case opionion summary, case decided on March 22,2012, LexisNexis #0412-105

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