Fidos Fences Inc. v. Bordonaro (In re Bordonaro)
Jan
12
2016
Ruling
Discharge denied due to debtor's concealment of records and false oaths.
Issue(s)
Should debtor's discharge be denied due to numerous omissions and inaccuracies in debtor's bankruptcy filings, failure to produce documents, despite Court order, and redaction of bank statements?
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Court
:
In re Happy Wave LLC
Nov
25
2015
Ruling
Surcharge of secured creditor's claim to cover fees and costs incurred in sale of property not warranted.
Issue(s)
Could debtor obtain a surcharge against secured creditor's claim to cover fees and costs incurred in sale of property?
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Court
:
- 11 U.S.C.
Seubert v. Deluty (In re Deluty)
Oct
09
2015
Ruling
Default judgment under state and city nondiscrimination laws was nondischargeable.
Issue(s)
Was state court default judgment for sexual harassment nondischargeable?
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Court
:
- 11 U.S.C.
In re Hassan
Oct
08
2015
Ruling
Debtor could avoid second mortgage on residence that was worth less than amount of first mortgage.
Issue(s)
Could debtor avoid a second mortgage on his residence as wholly unsecured?
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Court
:
- 11 U.S.C.
In re Montalto
Sep
17
2015
Ruling
Disallowance of debtor's deductions for spouse's business and credit card expenses would lead to presumption of abuse.
Issue(s)
Did "presumption of abuse" arise where debtor allegedly utilized improper marital adjustments and other expense deductions in the means test calculation?
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Court
:
- 11 U.S.C.
Stuart v. Abraham (In re Abraham)
Aug
04
2015
Ruling
Discharge denied due to failure to disclose interest in business.
Issue(s)
Should case be dismissed due to numerous omissions and inaccuracies in debtor's schedules?
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Court
:
- 11 U.S.C.
Cadles of Grassy Meadows II L.L.C. v. St. Clair (In re St. Clair)
Jul
07
2015
Ruling
Discharge denied due to debtors' false affidavit and consistent delay in discovery.
Issue(s)
Should debtors' discharge be denied due to failure to comply with Rule 2004 subpoenas and filing a false affidavit representing that they had produced all documents in their possession?
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Court
:
- 11 U.S.C.
Pergament v. Varela (In re Varela)
May
04
2015
Ruling
Trustee acted within authority in seeking to bar debtor's discharge.
Issue(s)
In a trustee's suit to bar discharge, whether to grant the trustee's motion to dismiss the debtor's counterclaims and strike her affirmative defenses.
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Court
:
In re Zapas
May
01
2015
Ruling
Involuntary case could move forward where three petitioning creditors held judgment claims and met the numerosity requirement.
Issue(s)
Should an involuntary chapter 7 bankruptcy be dismissed as not filed by three or more creditors, based on claims that are subject to bona fide dispute and where a later-joining creditor's claim was allegedly barred by the statute of limitations?
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Court
:
Agai v. Antoniou (In re Antoniou)
Mar
03
2015
Ruling
Discharge denied due to debtor's failure to keep adequate financial records.
Issue(s)
Was debtor's failure to maintain or preserve adequate financial records grounds for denial of discharge?
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Court
: