In re Smith
Jan
26
2009
Ruling
Debtor could not reopen case to assert personal liability claims against trustee for acts within business judgment.
Procedural posture
Movants, a former debtor, his wife, and his sister, moved to reopen the debtor's chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against the chapter 7 trustee and his bond holders. The proposed suit alleged that the trustee committed malpractice, breach of fiduciary duty, and negligence.
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Court
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In re Moreo
Dec
01
2008
Ruling
Failure of financially unsophisticated debtor to keep adequate business records was not grounds for denial of discharge.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, debtors, to deny the debtors their discharge under 11 U.S.C.S. §§ 727(a)(2)(A), 727(a)(3), 727(a)(4)(A), and 727(a)(5). The parties field cross-motions for summary judgment on the § 727(a)(3) and § 727(a)(4)(A) causes of actions.
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Court
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- 11 U.S.C.
Gilman v. Golio (In re Golio)
Aug
14
2008
Ruling
Judgment issued in connection with divorce decree was nondischargeable.
Procedural posture
Plaintiff-creditor, the non-debtor former wife of the defendant debtor, sought a determination that two state court judgments rendered in her favor against the debtor were nondischargeable as domestic support obligations under 11 U.S.C.S. § 523(a)(5), as indebtedness owed to a former spouse that was incurred by the debtor in connection with a separation agreement, divorce decree or other court order under 11 U.S.C.S. § 523(a)(15).
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Court
:
Adams v. Spreagle LLC (In re Taub)
Mar
18
2008
Ruling
Bankruptcy petition preparer enjoined from doing business in that capacity due to failure to comply with fee disgorgement order.
Procedural posture
Plaintiff U.S. Trustee sought actual damages and monetary sanctions as well as a permanent injunction against defendants, a law firm and a bankruptcy petition preparer, for engaging in the unauthorized practice of law by giving legal advice to a debtor and by providing services to the debtor beyond the mere typing of the petition in violation of 11 U.S.C.S. § 110(e)(2)(A) and (B).
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Court
:
Micro Connections Inc. v. Shah (In re Shah)
Jan
10
2008
Ruling
Discharge denied due to debtor's failure to produce documents, deficient record keeping and false oaths and accounts.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant debtor seeking to have debtor's discharge denied pursuant to 11 U.S.C. § 727(a)(3) and (a)(4)(A).
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Court
:
In re Balsinde
Nov
29
2007
Ruling
Portion of hanging paragraph covering valuation of collateral does not apply to motor vehicles.
Procedural posture
A debtor filed for relief under chapter 13. The debtor filed a renewed motion to value collateral and a creditor filed an objection to the motion. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Rothman
Aug
02
2007
Ruling
Rent due under lease prorated for period from petition date to date of rejection.
Procedural posture
Debtor moved to reject a nonresidential lease debtor had entered into prepetition for premises it had vacated on the same date that debtor filed a petition for relief under chapter 11. The court granted debtor's request to reject the lease, and reserved for a written decision the issue of whether and to what extent debtor was responsible for immediate payment of postpetition rent under 11 U.S.C. § 365(d)(3).
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Court
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In re Lombardo
Jun
29
2007
Ruling
Case filed solely to avoid divorce attorney's fees dismissed.
Procedural posture
After a debtor's divorce proceedings were concluded, the debtor filed a chapter 7 bankruptcy petition before the debtor's divorce attorney could perfect a security interest in marital assets awarded to the debtor to secure payment of the attorney's fees. The attorney moved to dismiss the debtor's case under 11 U.S.C. § 707(a) for lack of good faith.
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Court
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In re Colgate
May
31
2007
Ruling
Case dismissed where debtor understated income and overstated expenses.
Procedural posture
A trustee sought dismissal of a debtor's chapter 7 bankruptcy petition under 11 U.S.C. § 707(b)(1) or (b)(3).
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Court
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