- 11 U.S.C.
In re Jurgiewicz Duck Farm
May
20
2010
Ruling
Debtor could not sell property free and clear of prior transfer of development rights.
Procedural posture
The debtor, the operator of a rural free range duck farm, sought to sell its real property free and clear of its prior transfer of the development rights in the real property, which had been purchased by a local county and town for $ 5,632,976.84 and other good and valuable consideration, under 11 U.S.C.S. § 363(b), (f), and (n).
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Court
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In re Parisi
May
06
2010
Ruling
Federal child tax credit was property of the estate.
Procedural posture
A bankruptcy debtor asserted that a portion of her income tax refund represented her entitlement to the federal child tax credit which was not property of the bankruptcy estate. The bankruptcy trustee moved for turnover to the estate of the withheld portion of the tax refund.
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Court
:
- FRBP
Elmasri v. Rupp (In re Elmasri)
Apr
19
2010
Ruling
Sanctions assessed against debtor for groundless claim of improper service of order to show cause.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, his ex-wife and her counsel, seeking a declaratory judgment that the service of the ex-wife's order to show cause (OSC) application was insufficient and that a hearing was void. The ex-wife and her counsel filed a motion to dismiss, which also sought the imposition of sanctions. The ex-wife's counsel filed a separate motion for sanctions under Fed. R. Bankr. P. 9011.
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Court
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Yerushalmi v. Pergament (In re Yerushalmi)
Feb
12
2010
Ruling
Trustee who abandoned debtor's state court appeal lacked standing to pursue further proceedings after debtor won the appeal.
Procedural posture
Debtor moved for summary judgment seeking a declaration as to whether the chapter 7 trustee of the debtor's bankruptcy estate abandoned the appeal of pending state court litigation between the debtor and a third party.
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Court
:
- 11 U.S.C.
Abir v. United States (In re Abir)
Feb
01
2010
Ruling
Tax liabilities were excepted from discharge where prior bankruptcy case had stayed collection for more than three years prior to petition date.
Procedural posture
Chapter 7 debtors commenced an adversary proceeding against defendants, the United States of America, Department of Treasury and the Internal Revenue Service (IRS), seeking a determination that their federal income tax obligations for the years 2000 through 2004 were dischargeable. The IRS argued that the tax obligations were excepted from discharge under 11 U.S.C.S. § 507(a)(8)(A)(i) or alternatively, 11 U.S.C.S. § 524(a)(1)(C).
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Court
:
- FRBP
In re Barbieri
Dec
29
2009
Ruling
Trustee's settlement with acquisitions company not approved as unreasonable and not in best interests of creditors.
Procedural posture
Debtor filed a petition under chapter 11 in November 2000, the case was converted to one under chapter 7 in January 2002, and a chapter 7 trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion under Fed. R. Bankr. P. 9019, seeking approval of a settlement he negotiated with an acquisitions company that filed two claims against the debtor's bankruptcy estate.
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Court
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Rossi v. Moreo (In re Moreo)
Sep
10
2009
Ruling
Joint debtors' discharge denied due to failure to keep accurate financial records or disclose personal injury and workers' compensation claims.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors should be denied a discharge of their debts, pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(3), (a)(4)(A), and (a)(5). The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Malese 18 Corp.
Apr
16
2009
Ruling
Objection by remainderman to reasonable settlement of claim for lease rejection damages overruled.
Procedural posture
Movant, a creditor of Kmart stores, sought an order finding that a settlement agreement it previously entered into with Kmart of a claim for lease rejection damages that was previously approved by the court, was reasonable, and therefore that the refusal of the instant debtor, the remainderman on the Kmart leases to consent to the settlement was unreasonable. The instant debtor asserted that Kmart had much greater liability under its leases.
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Court
:
- 11 U.S.C.
Pergament v. Boccia (In re Boccia)
Mar
26
2009
Ruling
Discharge denied due to debtor's numerous inaccuracies, false statements and omissions.
Procedural posture
Trustee filed an adversary proceeding to deny debtor a discharge, pursuant to 11 U.S.C.S. § 727(a)(4)(A) and (D), in his chapter 7 bankruptcy case.
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Court
:
- 11 U.S.C.
Mendelsohn v. Paragon Mortg. Bankers Corp. (In re Parker)
Jan
27
2009
Ruling
Trustee could not recover from parties who aided and abetted fraudulent transfer but never came into possession of funds.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, a bank, the bank's president and his wife, and the debtor's spouse, to recover the transfer of the debtor's interest in surplus money proceeds realized from a foreclosure sale on the debtor's real property.
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Court
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