In re Nichols
Aug
31
2010
Ruling
Involuntary conversion from chapter 12 to chapter 7 denied as debtor's transfer to LLC appeared to be a legitimate estate planning move.
Procedural posture
After a debtor filed an individual, bare bones voluntary petition for Chapter 12 relief, a creditor who was a successor in interest to a bank sought conversion of the debtor's Chapter 12 case to one under Chapter 7 pursuant to 11 U.S.C.S. § 1208(d).
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Court
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In re Reid
Aug
02
2010
Ruling
Pro se debtor's third case in six years dismissed for bad faith with bar on stay in any future filing.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the pro se debtor's case, his third filing in six years, for unreasonable delay that was prejudicial to creditors.
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Court
:
- 11 U.S.C.
Bruno Mach. Corp. v. Troy Die Cutting Co. (In re Bruno Mach. Corp.)
Jun
09
2010
Ruling
LLC and owner that had close relationship with debtor's predecessor were "insiders" whose transfer from debtor could be avoided.
Procedural posture
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.
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Court
:
- 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
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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
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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
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