Judge Craig

In re Chatkhan

This matter came before the court on the application of former counsel to debtor for final allowance of fees of $171,774 and reimbursement of expenses of $2,930 (the Fee Application). The Fee Application was opposed, inter alia, by the U.S. Trustee (UST).
Ruling: 
Debtor's attorneys' fee application denied to the extent seeking allowance of retainer that was not disclosed within 14 days of order converting case from chapter 13 to chapter 11.
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Consumer case opionion summary, case decided on March 05,2012, LexisNexis #0312-109

Crescent Res. Litig. Trust v. Fields (In re Crescent Res. LLC)

Trustee of a liquidation trust created by a bankruptcy debtor's plan brought an adversary proceeding against defendant transferee seeking to avoid bonuses paid to the transferees as fraudulent transfers under state law. The trustee moved to certify for direct or interlocutory appeal under 28 U.S.C.S. § 158 the order dismissing the trustee's claims for lack of standing.
Ruling: 
Certification of appeal of dismissal of trustee's avoidance proceeding for lack of standing denied.
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Commercial case opionion summary, case decided on March 02,2012, LexisNexis #0312-136

In re Canoe Mfg. Co.

Movant, acting pro se, filed a motion, purportedly on behalf of the corporate debtor, to reopen a chapter 7 case that was closed in 1995. The motion under 11 U.S.C.S. § 350(b) was opposed by an attorney and his law firm, the likely defendants in an adversary proceeding if the case was reopened.
Ruling: 
Debtor's CEO's motion to reopen 1995 case to relitigate issues ruled on in state court denied.
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Commercial case opionion summary, case decided on February 01,2012, LexisNexis #0312-068

In re Suffolk Regl Off-Track Betting Corp.

Debtor, a New York regional off-track betting corporation, filed a petition under chapter 9 of the Bankruptcy Code, and a Kentucky corporation that owned various racetracks and provided wagering services to the debtor filed an objection to the petition, claiming that the debtor had not obtained the requisite authorization under 11 U.S.C.S. § 109(c)(2) to commence a Chapter 9 bankruptcy case. The court held a hearing on the objection.
Ruling: 
Chapter 9 case dismissed due to debtor's failure to obtain proper authorization to file.
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Commercial case opionion summary, case decided on December 02,2011, LexisNexis #1211-108

Wright v. Chase (In re Wright)

A chapter 13 debtor filed a complaint seeking to classify a second lien on her principal residence as unsecured under 11 U.S.C.S. § 506(a) for the purposes of her chapter 13 plan, and to remove the lien as of record upon her receipt of a discharge.
Ruling: 
Second lien could not be treated as unsecured where appraisals showed value above first lien.
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Consumer case opionion summary, case decided on December 02,2011, LexisNexis #1211-134

In re Chatkhan

Pursuant to Fed. R. Bankr. P.4004(b) and 4007(c), a creditor sought an extension of time to object to a chapter 7 debtor's discharge and to the dischargeability of a debt under 11 U.S.C.S. §§ 523 and 727.
Ruling: 
Extension of time for creditor to object to discharge and file dischargeability proceeding denied absent justification for missed deadlines.
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Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-029

In re McCoy

A cooperative corporation entered into a proprietary lease agreement with a bankruptcy debtor with respect to the debtor's cooperative apartment, and the corporation asserted a lien against the proceeds of sale of the apartment after the debtor's default. The bankruptcy trustee moved for approval of a settlement of the corporation's claims, and a creditor which funded the debtor's purchase of the apartment objected to the settlement.
Ruling: 
Settlement of lien claim by cooperative association approved over objection of lender.
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Consumer case opionion summary, case decided on August 09,2011, LexisNexis #0911-035

Nicholas v. Oren (In re Nicholas)

Defendant debtor filed a petition under Chapter 13 of the Bankruptcy Code, and the court confirmed the debtor's plan and granted the debtor a discharge on October 6, 2009. Plaintiff creditor sued the debtor and other defendants in a New York court on June 5, 2010, and the case was removed to the bankruptcy court. Defendants filed a motion for judgment on the pleadings and the debtor asked the court to hold the creditor in contempt.
Ruling: 
Creditor's action for malicious prosecution violated the discharge injunction.
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Consumer case opionion summary, case decided on August 03,2011, LexisNexis #0911-052

In re Herrera

This matter came before the court on a creditor's motion for relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay and debtor's cross-motion to redeem a motor vehicle under 11 U.S.C.S. § 722, from the creditor's lien.
Ruling: 
Stay terminated with respect to debtor's vehicle due to failure to timely perform indentation.
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Consumer case opionion summary, case decided on July 08,2011, LexisNexis #0811-013

In re Victory Mem. Hosp.

This matter came before the court on a motion of the Administratrix of an Estate (claimant) for leave under Fed. R. Bankr. P. 9006(b) to file a late proof of claim for $4.9 million against debtor. Debtor and the Official Committee of Unsecured Creditors opposed the motion.
Ruling: 
"Unknown" creditor had constructive notice of bar date and could not file late proof of claim.
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Commercial case opionion summary, case decided on August 12,2010, LexisNexis #0910-031

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