Judge Morris

Frishberg v. Janac (In re Janac)

Plaintiff attorney filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a debt the debtor owed him for legal services he provided was nondischargeable under 11 U.S.C.S. § 523(a)(2), and that the debtor should be denied a discharge under 11 U.S.C.S. § 727. The debtor filed a motion for summary judgment.
Ruling: 
Claim for attorneys' fees from domestic dispute was dischargeable absent proof debtor lied with regard to retainer.
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Consumer case opionion summary, case decided on July 16,2009, LexisNexis #0809-085

In re Mal Dunn Assocs.

Following confirmation of the debtor's second amended chapter 11 plan, an unsecured creditor moved for an order, pursuant to 11 U.S.C.S. §§ 105(a), 1141 and 1142, in aid of confirmation. The motion sought clarification that the creditor was allowed to proceed with a state court action against a non-debtor, the debtor's president.
Ruling: 
Creditor's action against debtor's non-debtor president as co-trustee under agreement with debtor, which was subject of creditor's proof of claim, was precluded by confirmation.
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Commercial case opionion summary, case decided on June 18,2009, LexisNexis #0709-094

In re Northwest Airlines Corp.

A financial advisor to the official committee of unsecured creditors filed an application for a completion fee. On remand from the United States District Court for the Southern District of New York, the bankruptcy court was asked to consider the request under the reasonable standard pursuant to 11 U.S.C.S. § 330(a).
Ruling: 
Advisor's completion fee denied on remand due to failure to demonstrate services provided were necessary.
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Commercial case opionion summary, case decided on February 06,2009, LexisNexis #0309-136

In re Tompkins

The debtors filed an objection seeking to expunge the claim of a secured creditor based upon a perfected, purchase-money security interest in the debtors' automobile. The creditor objected to confirmation of the proposed chapter 13 plan.
Ruling: 
Debtors allowed to surrender "910 vehicle" in full satisfaction of debt.
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Consumer case opionion summary, case decided on August 13,2008, LexisNexis #0908-058

In re Crawford

A bidding agent for a mortgage lender submitted the only bid at a foreclosure sale of a bankruptcy debtor's real property, which was conducted by a state-court referee after the debtor's spouse produced a copy of the debtor's bankruptcy petition which was filed the previous day. The bankruptcy court issued an order for the lender and the referee to show cause why they should not be liable for violating the automatic stay of 11 U.S.C.S. § 362.
Ruling: 
Lender, bidding agent and referee willfully violated stay by conducting foreclosure auction despite notice of bankruptcy.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-039

In re Northwest Airlines Corp.

Financial advisors which were properly retained by a committee of unsecured creditors in a bankruptcy case were awarded fees and costs in accordance with their previously approved retention agreements. The advisors requested additional success or completion fees based on the successful reorganization of bankruptcy debtors.
Ruling: 
Financial advisors to committee of unsecured creditors were not entitled to success/completion fees.
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Commercial case opionion summary, case decided on February 29,2008, LexisNexis #0408-026

In re McCormick

Debtor filed a petition under chapter 13 of the Bankruptcy Code and an application requesting that the automatic stay under 11 U.S.C.S. § 362(a) be extended to a limited liability company (LLC) he owned. Two people who identified themselves as judgment creditors, and a third person who claimed she was a creditor, opposed the application.
Ruling: 
Court refused to extend stay to debtor's non-debtor LLC.
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Consumer case opionion summary, case decided on February 08,2008, LexisNexis #0308-005

In re Pinti

A bankruptcy debtor proposed a chapter 13 plan which provided for surrender of a vehicle in full satisfaction of the claim of a creditor secured by the vehicle. The creditor objected to the debtor's plan on the ground that the Hanging Paragraph under 11 U.S.C. § 1325(a) did not preclude bifurcation of the creditor's claim and allowance of an unsecured claim for the deficiency after the vehicle was sold.
Ruling: 
Debtor's surrender of vehicle in full satisfaction of creditor's claim prevented creditor from filing deficiency claim.
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In re Nichols

Citing 11 U.S.C. § 109(h), 11 U.S.C. § 521(b), and 11 U.S.C. § 707(a), the U.S. trustee asked the court to dismiss two chapter 7 petitions filed by unrelated debtors based on a claim that debtors in each case failed to comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1). At issue was whether the court had express or implied power to excuse such noncompliance.
Ruling: 
Bankruptcy court had authority to excuse compliance with credit counseling requirement in appropriate cases.
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In re Azbill

The United States Trustee's emergency motion to reopen the debtor's chapter 7 case to administer an asset was granted and a successor chapter 7 trustee was appointed on the same day. The successor chapter 7 trustee's subsequent motion to approve a compromise with a bank regarding a certificate of deposit was then granted. The debtor moved to set aside the order approving the compromise.
Ruling: 
Debtor's failure to receive notice of motion to approve compromise of claim where debtor's counsel received actual notice.
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