Judge Morris

In re Locascio

A chapter 13 trustee filed a motion to reopen a dismissed case to determine if funds paid to the debtor under 11 U.S.C.S. § 1326(a)(2) belonged to a creditor.
Ruling: 
Motion to reopen dismissed case denied where trustee properly turned plan payments over to debtor despite garnishment.
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Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1212-032

Basile v. Spagnola (In re Spagnola)

Plaintiff judgment creditor filed an adversary proceeding against defendant debtor, seeking a determination that a judgment she obtained against the debtor in the U.S. District Court for the Southern District of New York was nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment.
Ruling: 
Judgment based on debtor's willful creation of hostile work environment was nondischargeable.
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Consumer case opionion summary, case decided on June 18,2012, LexisNexis #0712-054

In re Velichko

Debtors filed a petition under chapter 7 of the Bankruptcy Code and asked the court to hold a credit union in contempt for violating the stay that was imposed pursuant to 11 U.S.C.S. § 362 when they declared bankruptcy. The credit union opposed the debtors' motion.
Ruling: 
Credit union sanctioned for willfully and intentionally refusing to return vehicle, repossessed nine days prior to petition date, in violation of stay.
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Consumer case opionion summary, case decided on June 12,2012, LexisNexis #0712-038

In re Fraleigh

The former spouse of a chapter 7 debtor objected to her discharge under 11 U.S.C.S. § 727(a)(4)(A), contending that she knowingly and fraudulently made a false oath or account by failing to disclose her live-in boyfriend's presence as a household member and his alleged contribution to the support of herself and her dependents on the means test and schedules.
Ruling: 
Objection to discharge denied based on debtor's failure to disclose live-in companion overruled where debtor relied on advice of counsel and contribution was minimal.
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Consumer case opionion summary, case decided on June 12,2012, LexisNexis #0712-029

Assante v. Eastern Sav. Bank (In re Assante)

Creditor filed a motion to dismiss chapter 11 debtor's adversary proceeding, which sought to subordinate the creditor's mortgage to the claims of all other creditors pursuant to 11 U.S.C.S. § 510(c) and to vacate the creditor's lien.
Ruling: 
Debtor's proceeding to subordinate claim dismissed as issues were fully and fairly litigated in state court.
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Consumer case opionion summary, case decided on May 22,2012, LexisNexis #0612-045

Geller v. Grijalva (In re Grijalva)

Respondent debtor proposed to modify the first-position lien on her principal residence in her amended chapter 13 plan. Movants were trustees of family trusts.
Ruling: 
Debtor could bifurcate under-secured short term mortgage and cram down unsecured portion.
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Consumer case opionion summary, case decided on April 02,2012, LexisNexis #0412-134

In re Majestic Capital Ltd.

Chapter 11 debtors filed a motion under 11 U.S.C.S. § 365 to reject the employment contract of the former chief operating officer of the debtors. The officer opposed the motion, and argued that he should be allowed an administrative claim for severance pay pursuant to 11 U.S.C.S. § 503(c)(2).
Ruling: 
Debtor could reject employment agreement of chief operating officer.
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Commercial case opionion summary, case decided on January 09,2012, LexisNexis #0212-012

In re Hartley

Plaintiff creditor filed an adversary proceeding against defendant Chapter 7 debtors, seeking a determination that the debtors owed her a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(3), and (a)(4). The creditor filed a motion for summary judgment on her claims.
Ruling: 
Debt was nondischargeable due to failure to inform judgment creditor of dissolution of business and failure to list the creditor.
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Consumer case opionion summary, case decided on October 05,2011, LexisNexis #1111-011

In re Salander OReilly Galleries

Creditor, a consignor of a Botticelli painting, moved for relief from the automatic stay, and for an order enforcing an arbitration provision and a choice of law provision naming Jersey (Channel Islands) law as controlling, contained in the pre-petition consignment contract with the debtor's former principal, against the debtor art gallery's liquidation trust. The trust opposed the lift-stay motion.
Ruling: 
Relief from stay to allow arbitration over interest in Botticelli painting denied.
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Commercial case opionion summary, case decided on July 18,2011, LexisNexis #0811-055

In re Cutignola

The chapter 7 trustee sought turnover of an individual retirement account (IRA) and homestead exemption, which were owned by the deceased debtor, on the grounds that they passed to the bankruptcy estate upon her death post-petition. The debtor, the decedent's spouse, opposed the motion, arguing that the assets retained their exempt status, having passed to him as the beneficiary of his spouse's will.
Ruling: 
Debtor could claim homestead exemption in property obtained postpetition upon death of debtor spouse.
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Consumer case opionion summary, case decided on May 18,2011, LexisNexis #0611-049

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