Judge Frank

Klein v. Weidner (In re Weidner)

In this adversary proceeding, plaintiff ex-wife sought a determination that the debtor, her ex-husband, was not entitled to a general bankruptcy discharge pursuant to 11 U.S.C.S. § 727(a)(2) and that summary judgment should be granted based on the collateral estoppel effect of state and federal court judgments against the debtor.
Ruling: 
Discharge denied based on debtor's fraudulent transfer of mortgage.
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Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-058

In re Morell

Debtor filed an Amended Motion for Contempt alleging that a creditor and a repossession company violated the automatic stay, 11 U.S.C.S. § 362(a), by attempting to repossess debtor's automobile during the evening of November 21, 2011. The creditor filed a response.
Ruling: 
Amended motion for contempt for violation of stay denied in light of settlement and absent evidence of emotional distress.
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Consumer case opionion summary, case decided on August 01,2012, LexisNexis #0812-072

In re Alcorn Corp.

A creditor filed a motion to dismiss a chapter 11 debtor's bankruptcy case for lack of venue or, in the alternative, to transfer the bankruptcy case to the District of Puerto Rico pursuant to 28 U.S.C.S. § 1412.
Ruling: 
Dismissal or transfer of venue denied where debtor operated out of office in chosen district despite frequent trips to Puerto Rico.
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Commercial case opionion summary, case decided on July 20,2012, LexisNexis #0812-102

Theokary v. Abbatiello (In re Theokary)

Plaintiff debtor filed an adversary proceeding against defendant creditors alleging violation of the stay under 11 U.S.C.S. § 362(a). In a liability proceeding, the court found that the creditors willfully violated the automatic stay and scheduled a trial on damages. After receiving an expert report from the debtor, the creditors filed a motion in limine and to dismiss.
Ruling: 
Proceeding for stay violation damages dismissed due to manufactured evidence.
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Consumer case opionion summary, case decided on April 10,2012, LexisNexis #0512-005

In re Smith

Chapter 13 debtor filed an objection to secured creditor mortgagee's amended proof of claim in the amount of $32,053.58. Debtor based the objection primarily on the ground that the claim improperly included charges assessed after the entry of a pre-petition state court judgment in foreclosure, and disputed the calculation of interest and the propriety of various legal expenses.
Ruling: 
Mortgagee's claim should have been calculated based on judgment in foreclosure action not by assessing contract rate of interest against unpaid balance.
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Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0212-042

In re Ginaldi

Debtor filed a petition under chapter 11 of the Bankruptcy Code and asked the court for permission under 11 U.S.C.S. § 327(a) to retain a real estate broker to sell his house. A bank filed an objection to the debtor's application, claiming that the broker was not a "disinterested person" within the meaning of 11 U.S.C.S. § 101(14). The court held a hearing on the debtor's application.
Ruling: 
Permission to retain real estate broker with potential prepetition claim against estate denied.
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Consumer case opionion summary, case decided on November 16,2011, LexisNexis #0112-003

Roundtree-Crawley v. Educational Credit Mgmt. Corp. (In re Crawley)

Chapter 7 debtor reopened her 2004 bankruptcy case in order to seek a discharge of her student loan obligations owed to defendant creditor under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt was dischargeable due to medical and employment difficulties despite debtor's decision not to participate in Income Contingent Repayment Program.
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Consumer case opionion summary, case decided on October 24,2011, LexisNexis #1111-070

In re Express Car & Truck Rental Inc.

After involuntary bankruptcy cases were dismissed, the former debtors were awarded attorney's fees. They filed a motion for additional attorney's fees of $16,670 under 11 U.S.C.S. § 303.
Ruling: 
Additional debtor's attorneys' fees awarded in reduced amount.
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Commercial case opionion summary, case decided on October 20,2011, LexisNexis #1111-036

In re Irwin

Debtor filed a petition under Chapter 11 of the Bankruptcy Code, and movant, a receiver who was appointed to recover money for victims of a Ponzi scheme, filed a motion seeking relief under 11 U.S.C.S. § 362(d) so she could prosecute an action against the debtor, the debtor's wife, and the debtor's daughters.
Ruling: 
Relief from stay granted to receiver for victims of Ponzi scheme to pursue action against debtor's spouse and children.
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Consumer case opionion summary, case decided on September 15,2011, LexisNexis #1011-039

In re Boltz-Rubinstein

A claimant filed a motion under Fed. R. Bankr. P. 4007(c) requesting an extension of the deadline for filing complaints to determine the dischargeability of debts in Chapter 13 debtor's case.
Ruling: 
Creditor previously granted relief from stay to pursue district court litigation granted extension of time to file nondischargeability proceeding.
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Consumer case opionion summary, case decided on June 17,2011, LexisNexis #0711-066

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