Judge Morris

Togut v. Deutsche Bank (In re Anthracite Capital Inc.)

In a joint motion filed by the chapter 7 trustee and defendants in adversary proceedings, the parties sought an order sealing several documents filed in the adversary proceedings and a settlement agreement among the parties.
Ruling: 
Demand by defendants that documents be sealed as prerequisite to settlement of adversary proceeding was not grounds for granting motion to seal.
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Commercial case opionion summary, case decided on May 09,2013, LexisNexis #0613-037

In re Dumain

Chapter 13 debtor objected to the secured claim of creditor bank, alleging that the claim should be disallowed as late-filed pursuant to Fed. R. Bankr. P. 3002(c) because it was filed after the claims bar date.
Ruling: 
Secured creditors must file proofs of claim by bar date in chapter 13 cases.
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Consumer case opionion summary, case decided on May 08,2013, LexisNexis #0513-139

In re Osborne

Debtors filed a petition under chapter 7 of the Bankruptcy Code in November 2011 and received a discharge in March 2012. The court granted the chapter 7 trustee's motion to reopen the debtors' case to administer an asset not previously discovered, and the debtors filed a motion for an order vacating their discharge and dismissing their case, on grounds that they were ineligible to be debtors under 11 U.S.C.S. § 109(h).
Ruling: 
Debtor could not claim use of outdated credit counseling certificate was grounds to vacate trustee's motion to reopen to administer undisclosed assets.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0413-001

In re Dynergy Inc.

A chapter 11 debtor filed a motion to enforce the court's order confirming a joint chapter 11 plan of reorganization. The debtor alleged that an amended complaint filed by the lead plaintiff in securities litigation pending in federal district court violated a paragraph of the confirmation order.
Ruling: 
Bankruptcy court abstained from determining if complaint in securities litigation included claim released in chapter 11 plan.
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Commercial case opionion summary, case decided on February 15,2013, LexisNexis #0313-067

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

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