Judge Littlefield

Chaffee v. Chaffee (In re Chaffee)

Ruling: 
Judgment for debtor's endangerment of juvenile daughter's welfare was nondischargeable.
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Consumer case opionion summary, case decided on September 03,2013, LexisNexis #0913-118

In re Debenedetto

Chapter 13 debtors objected to claims filed in their respective cases by the purchaser of real property tax liens.
Ruling: 
Purchaser of real estate tax lien was a creditor with a valid tax claim.
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Consumer case opionion summary, case decided on July 23,2013, LexisNexis #0813-050

Ross v. Wolpe (In re Wolpe)

Judgment creditors filed an adversary action against chapter 7 debtors alleging multiple omissions and false statements within the debtors' petition, schedules, and statement of financial affairs (SOFA). The complaint alleged that debtors violated 11 U.S.C.S. § 727(a)(4)(A) and (B), and their discharge should be denied.
Ruling: 
Discharge denied due to multiple omissions and false statements.
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Consumer case opionion summary, case decided on April 18,2013, LexisNexis #0513-090

In re Moore

A creditor which held a judgment against a bankruptcy debtor asserted that the creditor's failure to file a proof of claim was the result of excusable neglect. The creditor moved for leave to file a late proof of claim and also asserted that the debtor's unsecured debt exceeded the debt limit for eligibility for chapter 13 bankruptcy relief.
Ruling: 
Excusable neglect was not valid basis for extension of time to file late proof of claim.
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Consumer case opionion summary, case decided on April 10,2012, LexisNexis #0512-032

In re Dejoy

The U.S. Trustee (UST) filed a motion to dismiss the debtors' chapter 7 case for abuse under 11 U.S.C.S. § 707(b)(1) based upon a presumption of abuse under § 707(b)(2) and the totality of the circumstances under § 707(b)(3).
Ruling: 
Case ordered converted or dismissed for presumption of abuse absent special circumstances.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-089

In Wiltsie

A bankruptcy trustee moved to compel a bankruptcy debtor to turn over to the trustee the amount in the debtor's checking account on the date of the debtor's bankruptcy petition which the debtor did not claim as exempt. The debtor then filed amended schedules claiming the entire amount in the account as exempt under state law as wages earned within 60 days prior to the petition.
Ruling: 
Funds in account traceable to exempt prepetition wages were not subject to turnover despite comingling with nonexempt tax refunds.
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Consumer case opionion summary, case decided on November 04,2011, LexisNexis #1211-016

Muse v. Flagstar Bank (In re Muse)

In a adversary proceeding in a reopened chapter 7 bankruptcy case, the trustee filed a motion for summary judgment, endeavoring to avoid the mortgage lien of defendant bank. The mortgage had been listed in the debtor's bankruptcy schedules, but the mortgage, which was made several years before the debtor filed for bankruptcy, had not been recorded until the day the motion trustee's motion to reopen was granted.
Ruling: 
Scheduled prepetition mortgage not recorded until day before case was reopened could be avoided.
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Consumer case opionion summary, case decided on November 02,2010, LexisNexis #1210-089

Bruno Mach. Corp. v. Troy Die Cutting Co. (In re Bruno Mach. Corp.)

Plaintiff reorganized chapter 11 debtor filed an adversary proceeding against defendants, a die cutting company ("LLC") and the LLC's owner, seeking a determination that transfers its predecessor made to the LLC were preferential transfers or fraudulent conveyances that could be avoided under 11 U.S.C.S. §§ 544, 547, and 548, and N.Y. Debt. & Cred. Law §§ 273-276.
Ruling: 
LLC and owner that had close relationship with debtor's predecessor were "insiders" whose transfer from debtor could be avoided.
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Commercial case opionion summary, case decided on June 09,2010, LexisNexis #0810-092

McCarthy v. Nandallal (In re Nandallal)

Chapter 7 trustee brought this adversary proceeding against defendant debtor to revoke his discharge pursuant to 11 U.S.C.S. §§ 727(d)(1) and (d)(2).
Ruling: 
Discharge revoked due to debtor's failure to report receipt of or surrender of post petition note payments.
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Consumer case opionion summary, case decided on May 03,2010, LexisNexis #0810-061

In re Adirondack Timber Enter.

Debtor filed a petition under chapter 11 of the Bankruptcy Code and operated its business of planting, maintaining, and selling evergreen trees as a debtor-in-possession. Movant creditors, a Delaware corporation and its subsidiary, a federal savings bank, filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the debtor declared bankruptcy. The debtor opposed the motion.
Ruling: 
Bank not entitled to repossess vehicles in which it did not hold a security interest.
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Commercial case opionion summary, case decided on April 28,2010, LexisNexis #0710-109

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