- 11 U.S.C.
In re Malewicz
Nov
04
2010
Ruling
Non-debtor spouse's failure to disgorge portion of post-confirmation tax refund did not constitute a default under the plan.
Procedural posture
A non-debtor spouse filed a motion for an order finding that his share of a post-confirmation joint tax refund did not have to be disgorged to a Chapter 13 trustee. The trustee opposed the motion on the grounds that the confirmed plan provided for the turnover. The issue before the court was whether the failure to surrender the non-debtor spouse's share of the tax refunds constituted a default under the plan.
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Court
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Stern v. Molano (In re Devanzo)
May
03
2010
Ruling
Trustee's sale of estate property approved where benefit to estate outweighed detriment to co- owner.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against defendant co- owner, seeking to sell a debtor's interest in real property free and clear of the co-owner's interest pursuant to 11 U.S.C.S. §§ 541, 542, and 363(h) and to thereafter determine the co-owner's distributive interest in the sale proceeds.
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Court
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Pryor v. Fisher (In re Dimino)
Apr
21
2010
Ruling
Transfers in satisfaction of mechanics' liens were made for full consideration and were not avoidable.
Procedural posture
Plaintiff, the chapter 7 trustee, brought an adversary proceeding seeking to recover two pre-petition transfers from the debtor to two defendants, transferees of funds in the aggregate amount of $ 55,000, transferred in satisfaction of mechanic's liens the transferees filed against the debtor's real property, which the trustee asserted were legally deficient.
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Court
:
- 11 U.S.C.
Pomilio v. MERS (In re Pomilio)
Feb
23
2010
Ruling
Debtor could not avoid valid lien securing allowed claim.
Procedural posture
Plaintiff chapter 7 debtors filed a motion for entry of a default judgment in an adversary proceeding they filed against defendants, a nominee for a mortgage company, the mortgage company, and a company that serviced the mortgage, seeking a determination that they were allowed to avoid a second mortgage on their residence under 11 U.S.C.S. § 506(a) and (d).
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Court
:
- 11 U.S.C.
In re Rabener
Jan
21
2010
Ruling
Debtor could not take deduction on vehicles owned free and clear in calculating projected disposable income.
Procedural posture
A bankruptcy debtor's plan provided for payment of all of the debtor's projected disposable income, after deductions of expenses, to repayment of unsecured creditors as required by 11 U.S.C.S. § 1325(b)(1), but the bankruptcy trustee asserted that the debtor improperly claimed transportation ownership/lease expenses. The trustee objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
Mokuba N.Y. LLC v. Pitts (In re Pitts)
Dec
08
2009
Ruling
Continued prosecution of state court action against non-debtor defendants that was severed from action against debtor did not violate stay.
Procedural posture
Plaintiff creditor filed this adversary action seeking to have certain debts allegedly owed by the debtor deemed non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The debtor filed a motion alleging that the creditor violated the automatic stay of 11 U.S.C.S. § 362 by proceeding with a state court action against related corporate defendants who were non-debtors.
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Court
:
- 11 U.S.C.
Adams v. Giordano (In re Clarke)
May
31
2009
Ruling
Bankruptcy petition preparer fined and sanctioned for unauthorized practice of law.
Procedural posture
Plaintiff brought an action against defendant, a paralegal preparer of two bankruptcy petitions, asserting violations of 11 U.S.C.S. §§ 110 and 528 in each of the cases. The fundamental issue was whether the preparer's defense that he did not intend that the forms he prepared would be filed without further review by debtors' licensed attorney. The trustee sought fines, sanctions, and an injunction.
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Court
:
- 11 U.S.C.
In re Mendelson
Mar
12
2009
Ruling
Debtor could not claim expense for installment payments on vehicle used and paid for exclusively by former spouse.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtor's chapter 13 plan. The trustee argued, under 11 U.S.C.S. §1325(b)(1)(B), that the debtor's proposed chapter 13 plan did not commit all of the debtor's "projected disposable income" toward repayment of unsecured creditors.
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Court
:
- 11 U.S.C.
In re FMO Assocs. II LLC
Feb
13
2009
Ruling
Chapter 7 case converted to chapter 11 in absence of bad faith and to allow for more efficient sale of property.
Procedural posture
Before the court was a motion by debtor to convert its chapter 7 case to a case under chapter 11 pursuant to 11 U.S.C.S. § 706. The chapter 7 trustee opposed the motion.
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Court
:
- 11 U.S.C.
In re Rahman
Jan
22
2009
Ruling
Debtor could not include expenses on property intended fro surrender in calculating projected disposable income.
Procedural posture
An above-median income debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee filed an objection to confirmation of the debtor's plan, claiming that the debtor was not entitled to take expense deductions on property he planned to surrender and had not filed his plan in good faith.
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Court
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