Judge Littlefield

In re Lockenwitz

Debtors submitted a plan for confirmation. The successor secured creditor on the debtors' motor vehicle filed an objection to confirmation of the debtors' plan and a response to the trustee's motion to determine value of the collateral.
Ruling: 
Plan confirmation denied due to impermissible bifurcation of purchase money security interest in "910" vehicle.
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Consumer case opionion summary, case decided on April 27,2010, LexisNexis #0710-097

In re Lincoln Logs Ltd.

Creditors, the putative purchasers of a custom log home from the debtor, filed a motion for turnover of goods and materials for which they had paid the debtor, but which had not been delivered by the debtor to the site where the purchasers were constructing their new residence, and for other relief pursuant to 11 U.S.C.S. § 105. The purchasers had paid the full purchase price, but only received about half of the materials.
Ruling: 
Funds held in escrow by debtor home manufacturer were not property of the estate.
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Commercial case opionion summary, case decided on January 25,2010, LexisNexis #0310-126

In re Coxeter

Bankruptcy debtors objected to a creditor's judgment claim but the creditor failed to appear for the hearing on the objection. The creditor moved pursuant to 11 U.S.C.S. § 502(j) and Fed. R. Bankr. P. 3008 for reconsideration of the order disallowing the creditor's claim by default.
Ruling: 
Reconsideration of disallowance of claim granted where local counsel engaged by creditor failed to appear due to suspension from practice prior to hearing.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-132

In re Pollock

The debtor challenged an order issued by the New York Department of Labor (DOL) requiring the debtor to comply with wage, hour, and overtime law, asserting that the order violated the automatic stay provision of 11 U.S.C.S. § 362. The issue was whether the police and regulatory powers exception to the automatic stay provision under 11 U.S.C.S. § 362(b)(4) was applicable to the DOL's order.
Ruling: 
State enforcement of wage, hour and overtime law was covered by the police powers exception to stay.
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Consumer case opionion summary, case decided on February 24,2009, LexisNexis #0609-039

Harris v. DAmico (In re DAmico)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) based on the debtors' failure to disclose prepetition transfers. The bankruptcy court conducted a trial.
Ruling: 
Schedule inaccuracies due to oversight which were remedied at creditors' meeting were not basis for denial of discharge.
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Consumer case opionion summary, case decided on October 09,2008, LexisNexis #1208-033

Capital Communs. Fed. Credit Union v. Crowson (In re Crowson)

Plaintiff creditor commenced an adversary proceeding against defendant debtor, seeking a determination that the debtor's credit card debt was nondischargeable as a luxury good under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Credit card debt incurred in order to upgrade timeshare was nondischargeable as a "luxury good."
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Consumer case opionion summary, case decided on October 09,2008, LexisNexis #1208-013

In re Paley

Debtors filed separate voluntary petitions for relief under chapter 13 of the Bankruptcy Code, and plans for repaying their creditors. A trustee was appointed to represent the debtors' bankruptcy estates, and she filed objections to the debtors' plans.
Ruling: 
Confirmation of plans denied for lack of good faith in chapter 13 cases filed less than eight years afer chapter 7 discharges.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-087

In re Vining

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and proposed a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee and a creditor filed objections to the debtors' plan.
Ruling: 
Confirmation denied due to improper payment sequence.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #0608-129

Board of Tr. Adirondack Carpenters Pension Fund v. Parker (In re Parker)

Plaintiff boards of trustees of employee benefit plans brought an adversary proceeding against defendant bankruptcy debtor, alleging that debts to the plans owed by the debtor as an employer were nondischargeable under 11 U.S.C.S. § 523(a)(4) based on fiduciary defalcation, larceny, or embezzlement. The bankruptcy court conducted a trial.
Ruling: 
Debtor employer's failure to make contributions to employee benefit plans did not render debt nondischargeable as its role was not that of a fiduciary.
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Commercial case opionion summary, case decided on May 07,2008, LexisNexis #0608-046

In re McLain

Debtors moved for confirmation of their proposed chapter 13 plan. The chapter 13 trustee and a creditor both filed objections to confirmation on the grounds that the proposed plan failed to devote all of the debtors'"projected disposable income" to be received in the "applicable commitment period"within the meaning of 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Failure to step up payments after vehicle loans were paid off was not grounds for denial of confirmation.
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Consumer case opionion summary, case decided on October 24,2007, LexisNexis #1107-123

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