Judge Frank

Bryen v. United States (In re Bryen)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States seeking a determination that the debtor's tax liability to the government was discharged. The government moved for summary judgment on the ground that collateral estoppel established that the debtor willfully attempted to evade the taxes, which rendered the tax debt nondischargeable under 11 U.S.C.S. § 523(a)(1)(C).
Ruling: 
Prior actions in which debtor was not fully represented or which determined debtor did not engage in sham transactions did not establish dischargeability of tax debt.
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Consumer case opionion summary, case decided on November 24,2008, LexisNexis #0909-032

In re Janssen

A bankruptcy debtor whose case was closed asserted that his mortgagee initiated foreclosure proceedings against him in violation of the terms of his confirmed chapter 13 plan which was binding on the mortgagee. The debtor moved to reopen his bankruptcy case to prosecute an adversary proceeding against the mortgagee and obtain equitable relief.
Ruling: 
Debtor granted leave to reopen chapter 13 case to file adversary proceeding against mortgage creditor that commenced foreclosure in violation of terms of confirmed plan.
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Consumer case opionion summary, case decided on November 07,2008, LexisNexis #0909-034

In re Jabarin

A debtor filed a motion to voluntarily dismiss his chapter 7 bankruptcy case for cause and without prejudice, pursuant to 11 U.S.C.S. § 707(a). The chapter 7 and United States trustees opposed the motion.
Ruling: 
Voluntary dismissal denied due to undue prejudice to unsecured creditors.
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Consumer case opionion summary, case decided on October 15,2008, LexisNexis #1108-083

In re Sacko

Debtor filed a petition under chapter 13 and a plan for repaying his creditors which, inter alia, proposed to cure a delinquency on his residential mortgage. An agent that serviced the debtor's mortgage filed a claim asserting that a company that held that mortgage had a secured claim in the amount of $ 51,766 and was owed $ 19,363.69 in pre-petition arrearages. The debtor filed an objection to the claim.
Ruling: 
Debtor's objection to late filed proof of claim upheld in part so that claim for prepetition mortgage arrearage was allowed in reduced amount.
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1208-029

In re Jensen

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan was confirmed. Debtor's counsel filed an application for compensation in the amount of $29,296.
Ruling: 
Debtor's attorney's fee application denied subject to disgorgement of mortgage obtained on debtor's property without authorization.
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Consumer case opionion summary, case decided on June 13,2008, LexisNexis #0808-058

Viener v. Jacobs (In re Jacobs)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a judgment debt to the creditor based on the debtor's breach of fiduciary duty was not dischargeable under 11 U.S.C. § 523(a)(6) based on willful and malicious injury. The creditor moved for summary judgment on the basis of collateral estoppel.
Ruling: 
Discharge denied due to debtor's fraud, self-dealing, self interest and misconduct amounting to breach of ficuciary duty to creditor as minority shareholder.
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Consumer case opionion summary, case decided on January 24,2008, LexisNexis #0208-095

Holber v. Jacobs (In Jacobs)

Plaintiff chapter 7 trustee filed an adversary proceeding requesting the denial of a discharge under 11 U.S.C. § 727(a)(2)(A), (3), and (5). The trustee's action emanated from a dispute among business partners that culminated in a state court judgment against defendant debtor for both compensatory and punitive damages, and he sought summary judgment.
Ruling: 
Bankruptcy court declined to deny discharge absent evidence of intent to hinder, delay or defraud.
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Consumer case opionion summary, case decided on January 24,2008, LexisNexis #0208-099

In re Scarborough

A chapter 13 debtor filed a motion for continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling: 
Extension of stay in debtor's sixth case in fifteen years denied due to insufficient liklihood of success.
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Consumer case opionion summary, case decided on October 25,2007, LexisNexis #1107-110

In re Ferguson

A chapter 13 debtor filed a motion for relief from the automatic stay under 11 U.S.C. § 362(c)(4)(B).
Ruling: 
Stay imposed in debtor's third case due to demonstrable good faith.
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Consumer case opionion summary, case decided on October 19,2007, LexisNexis #1107-041

In re Mumin

The debtor filed a motion to hold the creditor, a university, in contempt for violation of the automatic stay, pursuant to 11 U.S.C. § 362(a)(6). The debtor asserted that the university refused to provide her with a certified transcript because of her unpaid student loan debt that was nondischargeable under 11 U.S.C. § 523(a)(8), and sought an award of damages pursuant to 11 U.S.C. § 362(k).
Ruling: 
University violated stay by refusing to provide transcript due to outstanding student loans and was liable for damages due to absence of good faith defense.
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Consumer case opionion summary, case decided on September 25,2007, LexisNexis #1007-106

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