Judge Feller

In re USA United Fleet Inc.

The purchaser of certain assets of chapter 7 debtors sought a determination that, under the sale order and 11 U.S.C.S. § 363(f), its purchase of the debtors' assets was free and clear of successor liability for the debtors' unemployment insurance experience rate.
Ruling: 
Purchase of debtor's assets was free and clear of successor liability for unemployment insurance experience rate.
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Commercial case opionion summary, case decided on April 29,2013, LexisNexis #0513-077

OConnell v. DeMartino (In re DeMartino)

Plaintiffs were the chapter 7 Trustee and an insurance company. Defendant was debtor. Debtor was denied a discharge pursuant to 11 U.S.C.S. § 727(a)(3), (a)(4)(A). Before the court was his motion for relief from the Order Denying Discharge pursuant to Fed. R. Civ. P. 60(b), made applicable by Fed. R. Bankr. P. 9024. In connection with the relief sought under Rule 60(b), debtor separately moved to reopen his chapter 7 bankruptcy case.
Ruling: 
Debtor's motion to reopen case on grounds of counsel's "excusable neglect" denied.
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Consumer case opionion summary, case decided on December 26,2012, LexisNexis #0113-093

In re Moukazis

A law firm filed a motion pursuant to 11 U.S.C.S. § 330(a)(4)(B) seeking approval of a $7,500 flat fee for its representation of debtors in their chapter 13 bankruptcy case. The Chapter 13 trustee objected to the flat fee.
Ruling: 
Debtor's attorney not entitled to flat fee in excess of local rate in unexceptional and uncomplicated case.
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Consumer case opionion summary, case decided on October 11,2012, LexisNexis #1112-041

OConnell v. DeMartino (In re DeMartino)

Before the court was a joint motion for summary judgment pursuant to Fed. R. Civ. P. 56, filed by co-plaintiffs, the chapter 7 Trustee and a creditor, on three of seven claims objecting to debtor's discharge contained in their amended complaint. The motion sought summary judgment denying discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B), (a)(3), (a)(4)(A). Debtor opposed the Motion and requested costs and attorney's fees.
Ruling: 
Discharge denied due to numerous falsehoods and nondisclosures.
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Consumer case opionion summary, case decided on May 06,2011, LexisNexis #0611-027

Grow Up Japan Inc. v. Yoshida (In re Yoshida)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a judgment debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(4) for fiduciary defalcation based on the judgment which found that the debtor breached fiduciary duties as the creditor's employee. The debtor moved to dismiss the complaint.
Ruling: 
Debt was dischargeable where employment relationship between the debtor and the creditor, while creating a common law fiduciary relationship, did not involve an express, technical, or statutory trust.
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Consumer case opionion summary, case decided on August 23,2010, LexisNexis #0910-049

In re Adejobi

A chapter 13 debtor filed a motion to reduce a secured creditor's proof of claim for pre-petition arrears at a contractual default interest rate.
Ruling: 
Creditor entitled to contract default rate of interest pursuant to underlying agreement.
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Consumer case opionion summary, case decided on April 29,2009, LexisNexis #0709-060

In re Lowery

Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
Ruling: 
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-026

In re Sudano Inc.

Over the objection of the controlling principal of corporate bankruptcy debtors, the debtors' apartment buildings were sold and the interests of shareholders were extinguished. The principal subsequently died and the son of the principal, on behalf of the surviving spouse of the principal, moved for an award of damages to the spouse alleging that the bankruptcy trustee failed to provide notice to the spouse and mismanaged the debtors' affairs.
Ruling: 
Son of corporate debtor's deceased principal lacked capacity to represent non-shareholder mother regarding trustee's alleged mismanagement of case.
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Commercial case opionion summary, case decided on July 30,2008, LexisNexis #0808-140

In re Crafts Retail Holding Corp.

Debtors, a retail holding company and others, filed petitions under chapter 11 and requested permission to hire a financial advisor. The court approved the request and subsequently granted the advisor's application for payment of $150,000 for professional services and $4,577 for expenses. The advisor asked the court for reimbursement of an additional $35,000 in attorney fees it claimed it incurred.
Ruling: 
Court approved financial advisor's request for fees of unapproved attorney denied.
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Commercial case opionion summary, case decided on November 16,2007, LexisNexis #1207-072

In re Uvaydov

Chapter 13 creditor filed a motion pursuant to 11 U.S.C. § 362(d)(1) for relief from the automatic stay to proceed with a mortgage foreclosure on certain real property owned by debtor. Debtor opposed the motion and included in his opposition papers a request for a stay pending appeal under Fed. R. Bankr. P. 8005.
Ruling: 
Relief from stay granted to allow foreclosure due to debtor's failure to make postpetition mortgage payments.
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