Judge Gerling

A.W. Lawrence & Co. v. Burstein (In re A.W. Lawrence & Co.)

Plaintiff bankruptcy debtor sought to avoid as fraudulent a transfer of funds by check to defendant judgment creditor of a principal of the debtor, pursuant to 11 U.S.C. § 548. Judgment was entered in favor of the debtor, but the case was remanded from the district court for a determination of whether the debtor had an interest in the payment to the creditor.
Ruling: 
Court deemed that transfer was not fraudulent since debtor had no interest in payment as temporary holder of check.
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In re Irons

Before the court in a chapter 13 matter was a motion filed by debtors objecting to three proofs of claims filed by a claimant. The claimant filed opposition to debtors'motion with respect to Claim Nos. 5, 9, and 12. Debtors cross-moved for attorney's fees.
Ruling: 
Debtor's motion seeking disallowance of claims was denied though debtors could later object to amounts of claims.
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In re McBride

A bankruptcy debtor's chapter 13 plan was confirmed and provided for monthly payments to a creditor whose debt was secured by the debtor's vehicle but, upon the debtor's failure to make the plan payments, the creditor repossessed and sold the vehicle. The creditor submitted an amended claim for deficiency, and the debtor moved to disallow the claim.
Ruling: 
Creditor's deficiency claim was disallowed since the creditor did not reserve a right of relief from potential deficiency.
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