Judge Morris

Empire Bonding Agency v. Lopes (In re Lopes)

Plaintiff, a private bail bond agency, in the instant "dischargeability complaint," alleged causes of actions against defendant debtor, pursuant to various sections of 11 U.S.C. § 523. The only cause of action remaining at issue in the memorandum decision was Count I of the dischargeability complaint, which was brought pursuant to 11 U.S.C. § 523(a)(7). The matter was before the court for decision
Ruling: 
Private bond agency was not entitled to a determination that the debtor's obligation to the agency was nondischargeable pursuant to Code section 523(a)(7) since it was not a governmental agency.
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In re Helm

The debtors, a musician and his wife, filed under chapter 7 and converted the case to a chapter 11 case. The debtors moved for entry of an order pursuant to 11 U.S.C. § 365 rejecting an executory contract with a collection agent.
Ruling: 
Debtors were allowed to reject an executory contract in its entirety since the contract was not fully performed and the contracting party could not overcome the debtor's showing that rejection of the contract would benefit the estate.
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In re Warneck

Debtors filed a chapter 13 bankruptcy petition. Debtors moved to extend the automatic stay.
Ruling: 
Debtors were granted an automatic stay extension since they filed in good faith and did not have a presumption of bad faith from prior filings.
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In re Parker

A debtor and a joint debtor filed a joint chapter 13 case. A creditor filed an application for an order confirming that no automatic stay was in effect as to the debtor and the joint debtor. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 applied to the case because the case was filed after the October 17, 2005 effective date of the Act.
Ruling: 
Court ruled that an automatic stay applied to one joint debtor but not the other since one had filed other petitions within a year of filing while the other debtor had not made such filings.
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In re Fishwick

Debtor filed for chapter 13 bankruptcy protection. Because the debtor's prior chapter 13 filing was dismissed in the year prior to the date of the present filing, the debtor sought an extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling: 
Court scheduled further hearing on debtor's application for automatic stay extension even though it appeared that debtor did not file in good faith.
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Genova v. ESM Realty Trust (In re Stoll)

Plaintiff, the chapter 7 trustee, sued defendants, two trusts and three individuals, including debtor, who each held a one-third interest in the trusts. The trustee alleged two causes of action. The first cause of action was for turnover of property of the bankruptcy estate pursuant to 11 U.S.C. § 542. The second sought a sale of the trusts'property pursuant to 11 U.S.C. § 363(h). The parties filed a motion for summary judgment.
Ruling: 
Beneficiaries, including the debtor, were deemed joints tenants in common of the assets of a trust, and the trustee was permitted to sell the trust property to obtain the estate's interest in the trust.
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