Judge Grossman

In re Salpietro

Chapter 13 debtors sought an order approving a loan modification which would reduce their monthly mortgage payment by $970. In response, the chapter 13 trustee moved under 11 U.S.C.S. § 1329(a) to upwardly modify the debtors' confirmed chapter 13 plan and require them to commit an additional $800 per month towards repayment of unsecured creditors.
Ruling: 
Upward modification of plan payments requested trustee in response to debtor's downward modification of loan payments denied.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-033

Rocco v. Golberg (In re Golberg)

Former employee filed an adversary proceeding against chapter 11 debtor, seeking a determination that an award in the amount of $244,665 she obtained after she filed a claim alleging pregnancy discrimination and retaliation in violation of the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law § 290 et seq., was nondischargeable under 11 U.S.C.S. § 523(a)(6). The parties filed cross-motions for summary judgment.
Ruling: 
State human rights law judgment, which bankruptcy court found, upon review, was based on willful and malicious conduct, was nondischargeable.
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Consumer case opionion summary, case decided on January 29,2013, LexisNexis #0213-085

In re Asher

Chapter 7 trustee (the "trustee") filed a complaint against the trustee for a home loan trust and a mortgage servicing agent. In the complaint, the trustee alleged that he was entitled to avoid a certain mortgage pursuant to 11 U.S.C.S. § 544(a)(3) even though this particular adverse interest had been properly recorded prior to debtor's filing. Defendants filed a motion for summary judgment to dismiss the complaint.
Ruling: 
Trustee could not use bona fide purchaser status to avoid properly recorded mortgage.
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Consumer case opionion summary, case decided on January 24,2013, LexisNexis #0213-126

In re Stamou

After a debtor's chapter 13 plan was confirmed, a creditor filed a motion seeking relief from the automatic stay to permit the creditor to add the debtor as a defendant in the creditor's state court action against a limited liability company (LLC) of which the debtor was a 50 percent owner and principal employee. The creditor moved for summary judgment.
Ruling: 
Creditor entitled to pierce corporate veil and file late proof of claim against debtor who owned 50 percent of LLC.
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Consumer case opionion summary, case decided on January 17,2013, LexisNexis #0213-045

In re Nazzaro

Creditor commenced an adversary proceeding to bar the discharge of chapter 7 debtor pursuant to 11 U.S.C.S. §§ 727(a)(4)(A) and (a)(2)(A) and/or to have the debtor's obligation to the creditor deemed non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4).
Ruling: 
Discharge denied due to undisclosed transfer for no consideration.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-015

Jadusingh v. Crossfield (In re Crossfield)

Plaintiff, defendant debtor's ex-companion and co-owner of their residence, sought a determination that a debt owed to him by debtor on account of her failure to pay him $70,000 for his interest in the residence, which the duo had purchased together and had formerly shared, was nondischargeable per 11 U.S.C.S. § 523(a)(2) and /or (a)(4). Debtor disputed that the criteria in § 523(a)(2) or (4) had been shown.
Ruling: 
Debtor's knowing and willing misrepresentation that debtor would pay mortgage proceeds to creditor resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on August 22,2012, LexisNexis #0912-121

In re Robert Plan Corp.

Debtor corporations declared chapter 11 bankruptcy, and after their cases were converted to cases under chapter 7 of the Bankruptcy Code and a chapter 7 trustee was appointed to administer the debtors' ERISA plan, the trustee submitted applications for payment of his fees and fees and expenses that were charged by a law firm, a pension consultant, and an auditor he hired. The U.S. Department of Labor ("DOL") filed objections to the applications.
Ruling: 
Fee application of trustee and pension consultant granted, could be paid from estate and account set up to administer ERISA plan.
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Commercial case opionion summary, case decided on August 20,2012, LexisNexis #0912-037

In re Clayton Profl Ctr. LLC

This matter came before the court on a motion by a creditor to dismiss debtor's chapter 11 case pursuant to 11 U.S.C.S. § 1112.
Ruling: 
Chapter 11 case dismissed, rather than converted to chapter 7, as providing stronger opportunity for property management and maximizing estate's value.
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Commercial case opionion summary, case decided on June 13,2012, LexisNexis #0712-032

J.P. Morgan Chase Bank v. Smith (In re Smith)

Bank filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed the bank a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B). The case was tried to the court.
Ruling: 
Debt owed to successor bank to mortgage holder was nondischargeable due to false statements by debtor in applying for new loan.
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Consumer case opionion summary, case decided on May 08,2012, LexisNexis #0512-125

McEntee v. Malycky (In re Malycky)

Judgment creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that a default judgment he obtained in the Supreme Court of New York, Suffolk County, created a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (a)(6). The court allowed the creditor to amend his complaint to add a request for relief under 11 U.S.C.S. § 523(a)(2)(A), and tried those claims together.
Ruling: 
Loan debts were dischargeable absent evidence of implied or express misrepresentation by debtor.
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Consumer case opionion summary, case decided on December 22,2011, LexisNexis #0212-052

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