Judge Coleman

In re Forever Green Ath. Fields Inc.

Ruling: 
Involuntary petition dismissed as filed in bad faith.
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Commercial case opionion summary, case decided on November 01,2013, LexisNexis #1213-003

In re Bouton

Ruling: 
Deceased debtor exempted from filing domestic support obligation form and from financial management course requirement.
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Consumer case opionion summary, case decided on October 07,2013, LexisNexis #1013-137

In re Peebles

Ruling: 
Modification of plan to pay creditors from inheritance stipulated to be non-estate property denied.
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Consumer case opionion summary, case decided on September 26,2013, LexisNexis #1013-138

In re EFL Partners X

Ruling: 
Case dismissed as filed in bad faith to frustrate creditors' state court action.
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Commercial case opionion summary, case decided on August 22,2013, LexisNexis #0913-128

In re Elverson

A putative creditor filed an involuntary bankruptcy petition against a proposed bankruptcy debtor alleging that the debtor owed the creditor a substantial sum for loans made to the debtor over a period of 15 to 20 years. The debtor asserted that the creditor's claim was subject to bona fide dispute, and the debtor moved to dismiss the involuntary petition based on lack of standing under 11 U.S.C.S. § 303(b)(1).
Ruling: 
Involuntary petition dismissed as petitioning creditor's claim was subject to bona fide dispute.
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Consumer case opionion summary, case decided on May 15,2013, LexisNexis #0613-073

In re Greenly

Debtors declared chapter 7 bankruptcy and claimed that monthly payments the female debtor received under a structured settlement agreement were exempt from creditors' claims. The debtors amended their schedules and claimed that monthly payments and lump-sum payments the female debtor received under the settlement and an annuity were exempt from creditors' claims. The chapter 7 trustee filed an objection to the debtors' claim.
Ruling: 
Monthly personal injury settlement payments needed for support were exempt but additional lump sum payments were not exempt.
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Consumer case opionion summary, case decided on October 12,2012, LexisNexis #1112-046

Milestone Constr. Mgmt. v. Stein (In re Stein)

Construction management company ("creditor") filed an adversary proceeding against defendant chapter 13 debtors, seeking a determination that a claim in the amount of $228,975 which it filed against the debtors' bankruptcy estate, plus continuing interest of $60 per day, was nondischargeable under 11 U.S.C.S. §§ 523(a)(2) and 1328(a)(2). The case was tried to the court.
Ruling: 
Debtor contractor's use of advance payments on other projects resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on October 05,2012, LexisNexis #1112-014

In re VitaminSpice

Petitioning creditors filed an involuntary petition against a Wyoming corporation ("debtor") under chapter 11 of the Bankruptcy Code, and asked the court to appoint a trustee to administer the debtor's bankruptcy estate. The debtor filed a motion to dismiss the case and asked the court for an award of attorney's fees and costs pursuant to 11 U.S.C.S. § 303(i)(1) and (2). The court held a hearing on the debtor's motion.
Ruling: 
Involuntary case dismissed due to failure to establish debtor was not paying debts as they came due.
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Commercial case opionion summary, case decided on April 19,2012, LexisNexis #0512-037

In re Graves

A standing chapter 13 trustee objected to an amended claim of exemptions filed by the chapter 13 debtors. The trustee objected to the claim filed by the debtor wife for an exemption under 11 U.S.C.S. § 522(d)(11)(D) for a loss of consortium claim relating to a pre-petition automobile accident involving only the debtor husband.
Ruling: 
Debtor could not claim exemption in settlement proceeds of spouse's loss of consortium claim.
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Consumer case opionion summary, case decided on January 24,2012, LexisNexis #0212-114

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