- 11 U.S.C.
Melaragno v. Stanko (In re Stanko)
Feb
20
2014
Ruling
Transfer into tenancy by the entirety within one year of petition date was constructively fraudulent.
Issue(s)
Was transfer of property into tenancy by the entirety within one year of petition date, for no consideration and/or less than a reasonably equivalent value, while debtor was insolvent or rendering debtor insolvent as a result of the transfer, fraudulent?
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Court
:
- 11 U.S.C.
Deng v. Henton (In re Henton)
Feb
13
2014
Ruling
Debt owed due to injuries inflicted by debtor in dispute outside bar was dischargeable.
Issue(s)
Was debt incurred by debtor due to injuries inflicted during fight outside bar nondischargeable due to malice?
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Court
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Melaragno v. Mazzei (In re Snavley)
Nov
12
2013
Ruling
Discharge could not be set aside absent fraud, despite lack of opposition and sympathetic debtor.
Issue(s)
Could discharge be set aside where debtor was not well served by her former attorney, who advised her to file a bankruptcy when there were much better options available to her, and no one took any steps on the Debtor's behalf to prevent a discharge from being entered once it had been filed.
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Court
:
- 11 U.S.C.
Sikirica v. Wettach (In re Wettach)
Nov
12
2013
Ruling
Employer's contributions to debtor's qualified ERISA plan were not property of the estate.
Issue(s)
Were employer contributions to debtor's qualified ERISA plan property of the estate that could be added to trustee's fraudulent transfer judgment.
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Court
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Mt. McKinley Ins. Co. v. Pittsburgh Corning Corp. (In re Pittsburgh Corning Corp.)
Nov
12
2013
Ruling
Reconsideration of confirmation granted to clarify scope of asbestos channeling injunction.
Issue(s)
Should reconsideration of confirmation order be granted in order to clarify terms of asbestos channeling injunction.
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Court
:
In re Nagy
Jan
29
2013
Ruling
Confirmation denied due to deficiency claim valued at stipulated value of property rather than actual sale amount.
Procedural posture
Before the court was chapter 11 debtors' oral motion to approve their Fourth Amended Plan of Reorganization by way of a cramdown under 11 U.S.C.S. § 1129(b)(1).
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Court
:
In re Larson
Aug
31
2012
Ruling
Discharged debtor could rescind reaffirmation agreement nunc pro tunc and obtain discharge of debt where creditor repossessed collateral shortly after case was closed.
Procedural posture
Debtor filed a petition under chapter 7 and asked the court to approve an agreement which reaffirmed a debt he owed to a creditor on a motor vehicle. The court approved the agreement and discharged the debtor on March 13, 2012, and on April 16, 2012, the debtor filed a motion to reopen his bankruptcy case and asked the court to rescind the agreement. The court held hearings on the debtor's motion.
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Court
:
- 11 U.S.C.
ONeal Steel Inc. v. Chatkin (In re Chatkin)
Feb
17
2012
Ruling
Relief from stay granted to allow RICO action to proceed.
Procedural posture
Pursuant to 11 U.S.C.S. § 362(d)(1), movants sought relief from the automatic stay so they could pursue an action under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. §§ 1961-1968e, against the debtor.
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Court
:
- 11 U.S.C.
Cardiello v. United States IRS (In re Garbinski)
Feb
16
2012
Ruling
Trustee's motion for sale free and clear denied where only realistic buyer was an insider.
Procedural posture
A chapter 7 trustee filed a motion to sell property of the estate free and clear of all liens, claims, and encumbrances in accordance with 11 U.S.C.S. § 363(b) and (f).
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Court
:
- FRBP
Weisel v. Allegheny Power (In re Weisel)
Jan
09
2012
Ruling
Fee application denied in absence of written fee agreement and given false statements by debtor's counsel that agreement existed.
Procedural posture
Debtors' counsel filed a final fee application. The chapter 13 trustee filed an objection and the counsel filed a motion to withdraw the fee application.
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Court
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