- 11 U.S.C.
In re Bartelini
Jun
02
2010
Ruling
Social Security income properly excluded from debtor's income calculations.
Procedural posture
Debtors filed separate petitions under chapter 13, and a trustee was appointed to administer their bankruptcy estates. The trustee filed objections to plans the debtors proposed for repaying their creditors, claiming that the plans could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because the debtors had not committed all of their projected disposable income to repay debts they owed to unsecured creditors.
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Court
:
- 11 U.S.C.
In re Morris
May
27
2010
Ruling
Stay lifted to allow creditor to liquidate, but not enforce, its claim.
Procedural posture
Before the court was a creditor's motion for an order (1) lifting the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to allow it to proceed with certain state court litigation, (2) waiving the 14-day stay imposed by Fed. R. Bankr. P. 4001(a)(3) upon entry of an order granting a motion for relief from stay, and (3) extending its time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b). Debtors filed an Opposition.
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Court
:
- 11 U.S.C.
In re Glenn
May
19
2010
Ruling
The 50/50 Refund Rule applied to cash exemption in tax refund.
Procedural posture
Before the court for decision in two cases filed under chapter 7 Code were objections filed by the chapter 7 Trustee pertaining to debtors' claim of a cash exemption in their respective income tax refunds.
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Court
:
- 11 U.S.C.
In re Albert Lindley Lee Mem. Hosp.
May
07
2010
Ruling
State's reimbursement claim for unemployment insurance compensation benefits was an excise tax entitled to priority.
Procedural posture
Debtor filed an Objection to Claim No. 179 filed by a claimant, the New York State Department of Labor, Unemployment Insurance Division.
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Court
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Economic Dev. Growth Enters. Corp. v. McDermott (In re McDermott)
May
04
2010
Ruling
Debtor's officer's transfer from one corporation to another of which he was also an officer was not a breach of fiduciary duty and did not cause intentional injury.
Procedural posture
Plaintiff creditors brought an adversary proceeding seeking a denial of discharge of a debt incurred by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6).
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Court
:
McCarthy v. Nandallal (In re Nandallal)
May
03
2010
Ruling
Discharge revoked due to debtor's failure to report receipt of or surrender of post petition note payments.
Procedural posture
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).
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Court
:
In re Adirondack Timber Enter.
Apr
28
2010
Ruling
Bank not entitled to repossess vehicles in which it did not hold a security interest.
Procedural posture
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.
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Court
:
In re Lockenwitz
Apr
27
2010
Ruling
Plan confirmation denied due to impermissible bifurcation of purchase money security interest in "910" vehicle.
Procedural posture
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.
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Court
:
In re Wesseldine
Mar
08
2010
Ruling
Debtors' attorneys not entitled to fees in excess of initial flat fee.
Procedural posture
In the chapter 13 debtors' proposed plan, movant, the counsel for the debtors, sought to carve out certain services out of the flat fee submitted in its disclosure pursuant to 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b). The chapter 13 trustee filed an objection.
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Court
:
- 11 U.S.C.
Planavsky v. County of Broome (In re Planavsky)
Feb
17
2010
Ruling
Bankruptcy court lacked jurisdiction to determine state tax debt where debtor had not taken all necessary steps under state law.
Procedural posture
Plaintiff chapter 11 debtor filed an adversary proceeding against defendants, two counties, a city, and various towns, villages, and school districts, seeking a determination under 11 U.S.C.S. § 505 of the amount of real property taxes he owed. Several defendants filed motions to dismiss.
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Court
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