- 11 U.S.C.
Guggenhiem Capital LLC v. Birnbaum (In re Birnbaum)
Jul
29
2014
Ruling
Judgment and fees in trademark infringement action were nondischargeable.
Issue(s)
Should the bankruptcy court give preclusive effect to a trademark infringement judgment and find the resulting debt nondischargeable on grounds of willful and malicious injury?
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Court
:
- 11 U.S.C.
In re Hartford & York LLC
Mar
13
2014
Ruling
Case filed in bad faith and in which debtor had made no signification progress towards successful reorganization dismissed.
Issue(s)
Whether the Debtor's bankruptcy petition was void ab initio as filed by a non-attorney and whether the case should be dismissed for bad faith?
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Court
:
Wong v. Green Tree Servicing LLC (In re Wong)
Mar
14
2013
Ruling
Anti-modification provision did not apply to wholly unsecured junior liens on debtor's residence.
Procedural posture
Chapter 13 debtor filed an adversary proceeding to avoid two junior mortgage liens encumbering his principal residence, and to reclassify the underlying claims as unsecured, pursuant to 11 U.S.C.S. § 1322(b). Movant, the chapter 13 trustee, filed a motion to dismiss the adversary proceeding.
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Court
:
- 28 U.S.C.
Kramer v. Mahia (In re Kramer)
Mar
11
2013
Ruling
Lawyer for debtor's son sanctioned for filing counterclaims in avoidance proceeding for improper purpose and in bad faith.
Procedural posture
Chapter 7 trustee moved for sanctions against a lawyer and his firm in an adversary proceeding brought against defendant, the debtor's son, to recover an allegedly fraudulent transfer arising from the sale of real property that was owned jointly by the debtor, her son, and another party.
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Court
:
Congress Fin. Corp. v. A-Z Rx LLC (In re Allou Distribs.)
Dec
03
2012
Ruling
Trustee could recover transfers to businesses for which debtor did not receive reasonably equivalent value.
Procedural posture
A chapter 7 trustee and a financial corporation filed an adversary proceeding against defendants, individuals who were related to three people who were convicted of fraud and several businesses, seeking a determination that the trustee was allowed to recover transfers that were made by a corporation ("debtor") that was in chapter 7 bankruptcy. The trustee filed a motion for partial summary judgment.
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Court
:
- 11 U.S.C.
In re S&Y Enters.
Sep
28
2012
Ruling
Losing bidder on debtor's property not entitled to administrative expense claim for causing purchaser to increase offer.
Procedural posture
A losing bidder for chapter 11 debtors' properties filed an application for a substantial contribution administrative expense under 11 U.S.C.S. § 503(b)(3)(D).
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Court
:
- 11 U.S.C.
In re South Side House LLC
Jun
15
2012
Ruling
Rents assigned by single asset real estate debtor to mortgagee were property of the estate to be applied first to the lender's unsecured claim.
Procedural posture
In connection with plan confirmation, which was contested, the court considered whether rental income used by a single asset debtor to make adequate protection payments per 11 U.S.C.S. § 362 to the lender, a secured creditor, was debtor's property per 11 U.S.C.S. § 541 or was the lender's property based on debtor's execution of an assignment of rents. Related issues included the proper application of such payments to the lender's claim.
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Court
:
In re Persaud
Mar
05
2012
Ruling
Trustee's application to retain law firm that previously represented a creditor granted over creditor's objection.
Procedural posture
Debtor declared chapter 11 bankruptcy in May 2010, and her case was subsequently converted to one under chapter 7 of the Bankruptcy Code. A chapter 7 trustee who was appointed to administered the debtor's bankruptcy estate filed an application under 11 U.S.C.S. § 327 and Fed. R. Bankr. P. 2014 for permission to retain a law firm as his general counsel and his bankruptcy counsel, and a creditor filed an objection to the trustee's application.
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Court
:
In re Arana
Sep
22
2011
Ruling
Debtor could reopen case to list previously unscheduled cause of action against hospital due to lack of bad faith.
Procedural posture
Debtors filed a petition under Chapter 7 of the Bankruptcy Code on October 15, 2005, and received a discharge on April 20, 2006. Nearly five years later, they filed a motion seeking an order under 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 5010 which allowed them to reopen their case so they could add a medical malpractice action they filed against a hospital three weeks before they declared bankruptcy. The hospital opposed the debtors' motion.
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Court
:
- 11 U.S.C.
In re South Side House LLC
Jun
27
2011
Ruling
Bank allowed claims for loan principal and interest, including default interest and special servicer fees but not prepayment consideration or speculative special servicer fees.
Procedural posture
Debtor LLC filed a petition under chapter 11 bankruptcy case, and continued to operate its business managing a building it owned in Brooklyn, New York, as a debtor-in- possession, pursuant to 11 U.S.C.S. §§ 1107 and 1108. A national bank filed a claim against the debtor's bankruptcy estate, and the debtor filed an objection to the bank's claim and asked the court for an order that modified the bank's claim.
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Court
: