In re American Medical Utilization Mgmt. Corp.
Jul
02
2013
Ruling
Attorney's attempts to restrain funds debtor was entitled to recover from state health department violated stay.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Yankowitz Law Firm v. Tashlitsky (In re Tashlitsky)
Jun
24
2013
Ruling
Claim based on diversion of law firm clients was dischargeable as not based on fiduciary relationship or embezzlement.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Geltzer v. Balgobin (In re Balgobin)
Mar
22
2013
Ruling
Debtor's son ordered to turn over vehicle in his possession but to which debtor held title.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Pu v. Mitsopoulos (In re Mitsopoulos)
Mar
08
2013
Ruling
Discharge denied due to failure to keep adequate records.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Persaud
Feb
04
2013
Ruling
Case dismissed for abuse due to improper marital adjustment.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Virovlyanskaya v. Virovlyanskaya (In re Virovlyanskaya)
Jan
11
2013
Ruling
Discharge denied due to omissions and misstatements.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Moore
Sep
28
2012
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re GEL LLC
Jul
30
2012
Ruling
Case dismissed due to debtor's multiple serial filings, failure to comply with reporting obligations and failure to maintain adequate insurance.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Starbrite Props. Corp.
Jun
05
2012
Ruling
Motion to seal debtor's objection to motion to quash denied in absence of scandalous material.
Procedural posture
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.
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Court
:
- FRBP
In re Flowers
Mar
22
2012
Ruling
Attorney sanctioned for electronically filing four petitions in the name of another attorney.
Procedural posture
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.
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Court
: