- 11 U.S.C.
King v. United States (In re King)
Nov
03
2008
Ruling
Debtors' proceeding against IRS for willful violation of stay dismissed.
Procedural posture
Defendants, the United States, the Internal Revenue Service (IRS), and two IRS agents, filed a motion to dismiss plaintiff chapter 13 debtors' action, which alleged willful violation of the automatic stay of 11 U.S.C.S. § 362, intentional infliction of emotional distress, and negligent infliction of emotional distress.
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Court
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In re Vitalsigns Homecare Inc.
Oct
29
2008
Ruling
Trustee allowed to sell debtor's medicare provider number free and clear.
Procedural posture
The matter came before the court for hearing on the chapter 7 trustee's motion to authorize the sale of property of the estate (namely, debtor's Medicare provider number), free and clear of liens, claims, and encumbrances, and the partial objection of the United States, on behalf of the Department of Health and Human Services (HHS). The potential purchaser filed a statement in support of the trustee's motion.
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Court
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- 11 U.S.C.
Bartel v. Walsh (In re Bartel)
Oct
16
2008
Ruling
There are no exceptions to criminal prosecution exception from stay.
Procedural posture
Plaintiff, the chapter 7 debtor, brought adversary claims seeking damages and injunctive relief against defendants, a former district attorney (D.A.) and a state police officer, alleging they violated the automatic stay by instituting criminal proceedings against him and seizing his financial records pursuant to a search warrant, depriving him of the protection of the automatic stay. The D.A. and the officer moved for summary judgment.
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Court
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- 11 U.S.C.
In re Diomed Inc.
Sep
15
2008
Ruling
Administrative expense claims allowed for pre-rejection royalty claim and proceeds of patent settlement.
Procedural posture
A claimant in a chapter 11 debtor's bankruptcy case sought allowance and payment of an administrative claim pursuant to 11 U.S.C.S. § 503(a), § 503(b), and § 507(a)(2), consisting of royalties for the use of a patent in products that were sold postpetition but prior to the rejection of a license agreement, royalties for the bulk sale of products using the patent, net settlement proceeds derived from two settlements, and damages.
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Court
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- 11 U.S.C.
Emmes Capital LLC v. Fadili (In re Fadili)
Sep
03
2008
Ruling
Debtor's false financial statement, affidavit and failure to respond to written request were insufficient to establish nondischargeability under 523(a)(2)(A).
Procedural posture
Plaintiff judgment creditor filed a motion for summary judgment as to its count against defendant capter 7 debtor, seeking a determination that the prepetition judgment it held against the debtor was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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Court
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In re Trickett
Jul
25
2008
Ruling
Trustee entitled to one-half of tax refund accrued during prepetition period.
Procedural posture
The debtor moved for adjudication of the issue whether the debtor's personalty, in the form of the debtor and his non-debtor spouse's joint federal tax refund for the tax year 2007, was the property of estate or was exempt.
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Court
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- 11 U.S.C.
Lerario v. Nardone (In re Nardone)
Jul
07
2008
Ruling
Debtor collaterally estopped from challenging nondischargeability of consent judgment.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant chapter 7 debtor, seeking to hold the debt arising from a consent judgment nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
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- FRBP
Nosek v. Ameriquest Mortg. Co. (In re Nosek)
Apr
25
2008
Ruling
Lender and counsel sanctioned for misrepresentation of status with regard to note and mortgage.
Procedural posture
The court issued an order to show cause why sanctions should not be imposed under Fed. R. Bankr. P. 9011 for apparent misrepresentations as to the status of a lender as the holder of the note and mortgage at issue in the case. The order was directed at the lender, the law firm that served as its local law firm, three of its attorneys, the law firm that served as its national law firm, one of its attorneys, and the existing mortgage holder.
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Court
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- 11 U.S.C.
In re Tradex Swiss AG
Mar
12
2008
Ruling
Recognition granted to foreign non-main proceeding and chapter 7 case permitted to proceed given debtor's center of main interest in U.S.
Procedural posture
Self-styled "foreign representatives" challenged the commencement of an involuntary chapter 7 case against a debtor, a foreign corporation, and sought, in the alternative, consolidation of the involuntary case with the debtor's chapter 15 case. The petitioning creditors in the involuntary case sought to deny recognition of a foreign proceeding.
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Court
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- 11 U.S.C.
Nickless v. Saykosy (In re Saykosy)
Feb
11
2008
Ruling
Postpetition transfer of property by debtor to parents resulted in denial of discharge.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor and the debtor's parents, seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B), a judgment finding that the debtor and his parents conspired to defraud the debtor's creditors and that transfer of the debtor's interest in real property was voidable under 11 U.S.C.S. § 549. The trustee filed a motion for summary judgment.
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Court
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