Northern District

Martyak v. Tioga County (In re Martyak)

In this adversary proceeding, plaintiff debtor sought recovery of title to real property and imposition of sanctions against defendants, a county, various county officials, and others involved in the auction sale of real property that had been owned by the debtor.
Ruling: 
Chapter 13 debtor's efforts to challenge auction sale of real property to satisfy delinquent real estate taxes denied.
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Consumer case opionion summary, case decided on February 05,2010, LexisNexis #0410-011

Scheidelmann v. Henderson (In re Henderson)

Pro se plaintiffs, creditors who contracted with the debtor for home remodeling, commenced an adversary proceeding against the debtors, raising claims pursuant to 11 U.S.C.S. §§ 523(a)(4), (a)(6), and 727(a)(3), (4)(A), (4)(B), and (6)(A). The debtors moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Alternatively, the debtors moved for a more definite statement.
Ruling: 
Claims in nondischargeability proceeding dismissed as insufficiently pled except for claim based on fiduciary defalcation.
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Consumer case opionion summary, case decided on January 27,2010, LexisNexis #0410-017

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 Borchert

Debtors' attorney filed a motion requesting a determination by the court that certain funds awarded in connection with the settlement of class action litigation were not property of the debtors' bankruptcy estate under 11 U.S.C.S. § 541.
Ruling: 
Debtor's Vioxx injury sufficiently incurred prepetition for class action proceeds to be property of the estate.
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Consumer case opionion summary, case decided on January 08,2010, LexisNexis #0310-034

In re Quintana

A chapter 13 debtor objected to a creditor's proof of claim. The creditor set forth in its objection to the confirmation of the debtor's plan its objection to the debtor's claim of a homestead objection pursuant to N.Y. C.P.L.R. 5206(a)(1).
Ruling: 
Objection to proof of claim overruled where creditor held valid lien on debtor's residence.
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Consumer case opionion summary, case decided on December 15,2009, LexisNexis #0210-049

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 Dickerson

The United States Trustee asserted that counsel for a bankruptcy debtor unduly delayed filing the debtor's case, failed to contemporaneously date bankruptcy documents when executed, and inadequately represented the debtor with regard to meetings of creditors. The Trustee moved for sanctions against counsel, and the bankruptcy court conducted additional hearings with regard to counsel's conduct in other cases.
Ruling: 
Debtor's counsel sanctioned for delayed filing, misdating of bank documents and inadequate representation of debtor at creditors' meeting.
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Consumer case opionion summary, case decided on December 08,2009, LexisNexis #0110-039

In re MHS Mgmt. Group LLC

Movant creditor brought a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2), or in the alternative, the appointment of a 11 U.S.C.S. § 1104 trustee and an order directing the debtor to make adequate protection payments. Respondent debtor filed an opposition.
Ruling: 
Relief from stay granted to allow foreclosure of property in which debtor lacked equity.
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Commercial case opionion summary, case decided on October 26,2009, LexisNexis #1209-040

In re Squires Motel LLC

Creditor filed a motion seeking dismissal of the chapter 11 case of debtor" pursuant to 11 U.S.C.S. § 1112(b), or in the alternative, relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d).
Ruling: 
Case dismissed for bad faith where foreclosed properties were transferred to "new debtor" just prior to petition date.
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Commercial case opionion summary, case decided on September 17,2009, LexisNexis #1109-006

In re Cram

The debtors filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. A trustee objected to the plan under 11 U.S.C.S. § 1325(b)(1)(B), because the debtors did not include a distribution they received from their 401(k) account when the calculated their current monthly income (CMI).
Ruling: 
Although withdrawal from 401(k) was properly excluded from current monthly income calculation, confirmation was denied for failure to commit other income to plan.
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Consumer case opionion summary, case decided on April 24,2009, LexisNexis #0709-024

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