Judge France

DeAngelis v. Shores (In re Shores)

U.S. Trustee (UST) filed a motion to dismiss the bankruptcy petition of respondent debtors, alleging that the totality of their financial circumstances demonstrated an abuse of chapter 7 under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed for abuse based on totality of the circumstances.
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Consumer case opionion summary, case decided on December 08,2010, LexisNexis #0211-026

Fritz Fire Prot. Co. v. Chang (In re Chang)

Movant, a judgment creditor, filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(a) to pursue state law remedies for its post-petition claim against the chapter 13 debtor.
Ruling: 
Stay did not apply to mechanics lien action or postpetition civil action although creditor would be prohibited from collection.
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Consumer case opionion summary, case decided on October 15,2010, LexisNexis #1110-077

Bur-Cam Group LLC v. Pearson (In re Pearson)

Debtors, a married couple, moved to dismiss a complaint by plaintiff entity for an order of nondischargeability against debtors per 11 U.S.C.S. § 523(a)(2) based on plaintiff's alleged losses arising from its purchase of commercial real property from non-party intermediate owners (Nonparties). At issue was whether plaintiff had standing to object to the discharge of any debt owed by debtors and whether plaintiff had failed to state a claim.
Ruling: 
Debtor's provision of false financial information about LLC in connection with sale of property resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on October 07,2010, LexisNexis #1110-049

DeHart v. Smith (In re Smith)

Chapter 13 trustee objected in three cases to the chapter 13 debtors' calculation of their disposable income for plan confirmation purposes, which deducted payments on mortgages that their respective plans proposed to strip off.
Ruling: 
Debtors could not deduct payments on mortgages to be stripped off in disposable income calculation.
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Consumer case opionion summary, case decided on September 28,2010, LexisNexis #1110-101

Dronsfield v. McGarrity (In re Dronsfield)

Plaintiff debtors reopened their case and filed an adversary complaint against defendant creditors, requesting a declaratory judgment that the judgment lien held by the creditors prior to the filing of the debtors' Chapter 13 petition was avoided by the discharge granted to the debtors. The parties filed cross motions for summary judgment on the issue.
Ruling: 
Discharge did not avoid judgment line absent specific language.
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Consumer case opionion summary, case decided on September 14,2010, LexisNexis #0311-138

DeAngelis v. Ramsay (In re Ramsay)

The United States trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for abuse pursuant to 11 U.S.C.S. §707(b)(3), based primarily on the excessive amount of the debtor's mortgage and vehicle expenses.
Ruling: 
Chapter 7 case ordered dismissed or converted to chapter 13 based on excessive mortgage and vehicle expenses.
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Consumer case opionion summary, case decided on August 12,2010, LexisNexis #1010-099

Michael v. DeHart (In re Michael)

Debtor filed a motion to compel the standing chapter 13 trustee to turn over funds that debtor paid into his chapter 13 plan but which were undistributed on the post-confirmation date the case was converted to chapter 7, asserting he was entitled to the funds under 11 U.S.C.S. § 348(e).
Ruling: 
Undistributed funds from chapter 13 plan should be returned to debtor after conversion to chapter 7.
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Consumer case opionion summary, case decided on July 23,2010, LexisNexis #1010-134

DeAngelis v. Geisenberger (In re Ressler Hardwoods & Flooring Inc.)

Movant, the acting United States Trustee (UST) filed a motion to disqualify respondents, a lawyer and his law firm, from acting as counsel to a chapter 7 debtor and to require the disgorgement of the professional fees that the attorney received through the debtor's chapter 11 bankruptcy case.
Ruling: 
Attorney who did not disclose active involvement in sale of debtor's stock ordered to disgorge fees.
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Commercial case opionion summary, case decided on June 08,2010, LexisNexis #0810-108

In re Deli Den LLC

Creditor lessor filed an emergency motion for the debtor to surrender leased premises pursuant to 11 U.S.C.S. § 365(d)(4).
Ruling: 
Emergency motion for debtor to surrender premises granted as lease was deemed rejected when debtor failed to assume or reject.
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Commercial case opionion summary, case decided on March 12,2010, LexisNexis #0510-010

Petro Franchise Sys. LLC v. All Am. Properties Inc. (In re All Am. Properties Inc.)

Debtor filed a chapter 11 bankruptcy petition. Movant franchisor moved for relief, seeking annulment of the automatic stay to validate the entry of a federal district court's injunction order and termination of the stay to permit enforcement of the injunction order.
Ruling: 
Relief from stay to enforce injunction entered in violation of stay denied.
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Commercial case opionion summary, case decided on March 10,2010, LexisNexis #0510-076

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