- 11 U.S.C.
McEntee v. Malycky (In re Malycky)
Dec
22
2011
Ruling
Loan debts were dischargeable absent evidence of implied or express misrepresentation by debtor.
Procedural posture
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), tried those claims together.
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Court
:
- 11 U.S.C.
Orkwis v. MERS (In re Orkwis)
Sep
19
2011
Ruling
Unsecured second mortgage could be avoided only after chapter 13 discharge.
Procedural posture
Debtors filed an adversary proceeding under 11 U.S.C.S. §§ 506(a), 522(f), 1322(b)(2), against defendant second mortgagee bank to avoid as wholly unsecured the second mortgage lien encumbering the debtors' residence. The bank defaulted and the debtors requested that the mortgage lien be avoided upon entry of the judgment by default, and that it not be conditioned upon entry of discharge.
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Court
:
Indo-Med Commodities Inc. v. Wisell (In re Wisell)
Aug
16
2011
Ruling
State court judgment was nondischargeable on grounds of false pretenses, fiduciary defalcation and willful and malicious conduct.
Procedural posture
Plaintiff judgment creditor, a United Kingdom corporation, filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that a judgment it obtained in a New York court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The creditor filed a motion for summary judgment, which was unopposed.
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Court
:
- 11 U.S.C.
In re Duarte
Jul
12
2011
Ruling
Married debtors ordered to include tax refunds in projected disposable income calculation pursuant to separate filings rule.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy plan. The trustee filed an objection to confirmation of a plan the debtor proposed, claiming that the plan could not be confirmed under 11 U.S.C.S. § 1325(b)(1) because it did not require the debtor to contribute all his disposable income to the plan.
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Court
:
Desiderio v. Parikh (In re Parikh)
May
24
2011
Ruling
Case not dismissed but discharge denied due to debtor's bad faith to allow court to maintain jurisdiction and control over case.
Procedural posture
Judgment creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking an order which dismissed the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 707(a) as a bad faith filing or, in the alternative, an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A), (a)(3), (a)(4), (a)(5), and (a)(6)(A). The case was tried to the court.
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Court
:
- 11 U.S.C.
Kirschenbaum v. Leeds Morelli & Brown PC (In re Robert Plan of N.Y. Corp.)
May
05
2011
Ruling
Transfers to law firm's trustee account were avoidable but could not be recovered after subsequent transfer to law firm itself.
Procedural posture
Chapter 7 trustee filed an adversary proceeding in which it sought to avoid and recover transfers from the debtor to defendant law firm under 11 U.S.C.S. §§ 547(b) and 550. The court conducted a trial on the matter.
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Court
:
Pergament v. Pagano (In re Tolkin)
Apr
05
2011
Ruling
Postpetition preconversion transfer was avoidable as were postconversion transfers paid from prepetition earnings.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor seeking to avoid transfers of funds to the creditor pursuant to 11 U.S.C.S. § 549(a) as unauthorized postpetition transfers.
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Court
:
- 11 U.S.C.
Stern v. Singh Factors LLC (In re Shore to Shore Realty Inc.)
Feb
01
2011
Ruling
Company's principal could not be held liable for fraudulent transfers received by company absent proof of alter ego theory.
Procedural posture
Trustee brought an adversary proceeding against defendants, a company and its principal, alleging that the company and the principal engaged in a scheme to divert real estate commissions due to a bankruptcy debtor to an officer of the debtor, and that such transfers were avoidable as fraudulent transfers under 11 U.S.C.S. § 548 and state law. Judgment by default was entered against the company.
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Court
:
- 11 U.S.C.
In re Clark
Dec
21
2010
Ruling
Debtor could not reopen case to reaffirm vehicle loan debt to avoid repossession.
Procedural posture
Before the court was a motion by debtors to reopen their Chapter 7 bankruptcy case, vacate the discharge as to a creditor, and allow them to reaffirm a debt owed to the creditor under the provisions of 11 U.S.C.S. § 524. The motion was not opposed; however the court questioned, sua sponte, its authority to grant the requested relief.
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Court
:
- 11 U.S.C.
In re Ramp Chevrolet
Dec
21
2010
Ruling
Franchisor's reduction of debtor franchisee's wind-down payments was not a setoff and did not violate stay.
Procedural posture
Chapter 11 debtor filed a motion to hold a franchisor in contempt for willfully violating the automatic stay, 11 U.S.C.S. § 362(a)(7), by asserting improper setoffs under 11 U.S.C.S. § 553 without court approval, and for filing a secured proof of claim in the debtor's case in violation of the automatic stay.
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Court
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