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eastern district of new york

Shubert v. Lucent Techs. Inc. (In re Winstar Communs. Inc.)

Dec
21
2005
Ruling
Trustee was able to avoid transfers as preferential and was granted equitable subordination of the creditor's claim since the creditor as the debtor's lender had coerced the debtor into purchasing unneeded products.
Procedural posture

Plaintiff, a chapter 7 trustee substituted for a debtor, asserted against defendant creditor claims for, inter alia, breach of contract, preferential transfer avoidable under 11 U.S.C. § 547, equitable subordination. The creditor filed counterclaims for, inter alia, fraud and misrepresentation. Those claims were tried to the court.

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opinion summary, case decided on December 21, 2005 , LexisNexis #0306-026
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In re Korea Chosun Daily Times

Dec
13
2005
Ruling
Debtor's former attorney was awarded most of the requested fees and expenses since the records in support of the request were adequate and most of the fees and expenses were reasonable.
Procedural posture

Pursuant to 11 U.S.C. §§ 330 and 331, applicant debtor's former attorney sought compensation for his fees and expenses incurred in the debtor's chapter 11 bankruptcy case. The debtor objected to the fee application on the grounds that the attorney failed adequately to perform his services to the debtor and was an obstacle to numerous potential transactions.

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opinion summary, case decided on December 13, 2005 , LexisNexis #0306-042
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In re Bridge to Life Inc.

Sep
30
2005
Ruling
Motion for reconsideration of an order dismissing the debtor's refiled chapter 11 case was denied since the debtor had violated an injunction against refiling contained in the order dismissing the debtor's first chapter 11 case.
Procedural posture

Before the court was a motion filed by debtor styled as a request for "reinstatement" of its dismissed refiled chapter 11 case or, in the alternative, a stay pending appeal (the motion). The motion was deemed a motion for reconsideration under Fed. R. Civ. P. 59(e).

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opinion summary, case decided on September 30, 2005 , LexisNexis #0106-124
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Sec. Investor Prot. Corp. v. Rossi (In re Cambridge Capital LLC)

Aug
22
2005
Ruling
Trustee had standing to assert claims of fraud regarding transfer by chief executive officer of the debtor of personal residence to wholly owned investment company and then to the officer's fiancee.
Procedural posture

Moving defendant, the fiancee of the primary defendant, moved for partial summary judgment to dismiss adversary claims brought against her by plaintiff trustee for liquidation, under 11 U.S.C. § 542 and N.Y. Debt. & Cred. Law §§ 273–78, asserting allegations of fraud and constructive fraud concerning the transfer of $ 1.5 million in assets by the primary defendant, including the sale of his personal residence to the fiancee.

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opinion summary, case decided on August 22, 2005 , LexisNexis #0106-119
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Lorenz v. Am. Educ. ServicesPennsylvania Higher Educ. Assistance Agency (In re Lorenz)

Jun
17
2005
Ruling
Student loans were deemed dischargeable due to undue hardship for a debtor who faced having to switch careers to increase income.
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant creditor seeking a determination that the debtor's student loans were dischargeable due to "undue hardship" under 11 U.S.C. § 523(a)(8). These student loans were used to finance the debtor's podiatry school education. Due to changes in the field, the debtor abandoned podiatry and chose instead to pursue a career as a registered nurse. The debtor was unemployed at the time of trial.

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opinion summary, case decided on June 17, 2005 , LexisNexis #0106-054
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