Pergament v. Beck (In re Beck)
Sep
06
2011
Ruling
Trustee's sale of debtor's property free and clear of co-owner spouse's interest approved.
Procedural posture
Plaintiff, a Chapter 7 trustee, commenced an adversary proceeding seeking a judgment directing the sale of property pursuant to 11 U.S.C.S. § 363(h) and the equal division of the proceeds between the parties.
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Court
:
In re Condon
Aug
30
2011
Ruling
Lien avoided to extent impairing debtor's homestead exemption.
Procedural posture
Bankruptcy debtors, husband and wife, jointly owned real property against which there was a lien based on a judgment against the husband. The debtors moved to avoid the judicial lien as impairing the debtors' homestead exemption under 11 U.S.C.S. § 522(f), the motion was not opposed by the lien creditor.
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Court
:
- 11 U.S.C.
Toal v. Chase Home Finance LLC (In re Toal)
Aug
15
2011
Ruling
Second mortgage was partially secured where value of property was greater than outstanding principal on first mortgage on petition date.
Procedural posture
Plaintiff Chapter 7 debtor filed a complaint against defendant creditor seeking a determination that the creditor's second mortgage lien against his real property was wholly unsecured pursuant to 11 U.S.C.S. § 506(a) and that such second mortgage lien was void pursuant to § 506(d).
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Court
:
- 11 U.S.C.
Ackerman v. Alvarez-Diaz (In re Alvarez-Diaz)
Jun
20
2011
Ruling
Debtor who received consideration for transfers did not have an equitable or economic interest in property owned by mother.
Procedural posture
Chapter 7 trustee asserted thirteen causes of actions against defendants, debtor and her mother, arising under, inter alia, 11 U.S.C.S. §§ 105, 323, 363, 541, 542, 544, 547, 548, 549, 550, 551, 727. Before the court were defendants' motion for summary judgment and the Trustee's cross- motion for summary judgment. The trustee also requested fees and costs.
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Court
:
- 11 U.S.C.
Rahman v. Park (In re Park)
Apr
08
2011
Ruling
Default judgment that considered evidence of debtor's fiduciary defalcation was nondischargeable.
Procedural posture
Creditors filed a complaint against a chapter 7 debtor and his wife, seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(4). The creditors filed a motion seeking summary judgment on the nondischargeability complaint, the striking of an answer filed by the debtor and his wife, an award of damages, and an order holding the debtor and his wife in civil contempt pending their full compliance with discovery.
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Court
:
- 11 U.S.C.
In re FPSDA I LLC
Mar
22
2011
Ruling
Leases that were integrated into franchise agreements did not have to be assumed or rejected within requisite time frame.
Procedural posture
Debtor franchisees filed petitions under Chapter 11 of the Bankruptcy Code, and the court ordered joint administration of the debtors' bankruptcy estate. The debtors filed a motion for the entry of an order determining, inter alia, that certain nonresidential real property leases they entered did not have to be assumed or rejected pursuant to 11 U.S.C.S. § 365(d)(4). An LLC that sold the franchises opposed the motion.
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Court
:
- 11 U.S.C.
Shiboleth v. Yerushalmi (In re Yerushalmi)
Jan
10
2011
Ruling
Debtor and attorney sanctioned for exceeding scope of deposition specified in court order.
Procedural posture
This adversary proceeding objected to defendant debtor's discharge of all debts under 11 U.S.C.S. § 727. Before the court was the motion of plaintiff, an alleged creditor of debtor, seeking sanctions on the basis that debtor and his counsel acted in civil contempt of the court's Order dated July 6, 2009, which limited the scope of a deposition.
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Court
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In re Mazzella
Dec
06
2010
Ruling
Filing bankruptcy in response to pending litigation was not sufficient evidence to support bad faith dismissal.
Procedural posture
Before the court was a judgment creditor's motion seeking dismissal of debtor's chapter 7 bankruptcy case as a bad faith filing pursuant to 11 U.S.C.S. § 707(a). Debtor filed opposition to the motion.
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Court
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Ackerman v. Alesius (In re Alesius)
Nov
01
2010
Ruling
Money transfers by debtor to spouse for mortgage and household expenses were not avoidable.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against a bankruptcy debtor and the debtor's spouse, seeking to avoid as fraudulent, under 11 U.S.C.S. § 548(a) and state law, transfers of money to the spouse or on the spouse's behalf from the debtor, and a transfer of a boat from the debtor to the spouse three years before the debtor's bankruptcy.
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Court
:
- 11 U.S.C.
In re Selectron Mgmt. Corp.
Sep
27
2010
Ruling
Involuntary petition dismissed as relating to a two-party dispute.
Procedural posture
An involuntary chapter 7 petition was filed against an alleged debtor by a petitioning creditor pursuant to 11 U.S.C.S. § 303. The alleged debtor asserted that the matter was a two- party dispute that did not belong before the bankruptcy court and also denied that the petitioning creditor was the holder of a claim. To cure this infirmity, counsel for the petitioning creditor filed a joinder by the alleged proper holder of the claim.
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Court
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