Judge Fitzgerald

In re Federal-Mogul Global Inc.

A creditor filed a proof claim, asserting tort, conversion, and breach of good faith and fair dealing regarding insurance policies. The debtors objected to the claims on the ground that no factual basis was stated that substantiated the validity or amount of any liability of the debtors. The debtors filed a motion for summary judgment.
Ruling: 
Claim disallowed absent factual basis for liability or amount.
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Commercial case opionion summary, case decided on October 27,2010, LexisNexis #1110-140

Carroll v. North Shore Real Estate Corp. (In re Prosser)

Chapter 7 trustee filed an adversary proceeding against defendant real estate corporation, seeking a determination that $ 72,720 in prepetition transfers and $ 42,420 in postpetition transfers a chapter 7 debtor made to the corporation were avoidable under 11 U.S.C.S. §§ 544, 547, 548 and 549, and recoverable under 11 U.S.C.S. § 550. The trustee filed a renewed motion for summary judgment.
Ruling: 
Prepetition and postpetition transfers avoided due to transferee's non-responsive replies to trustee's requests to admit.
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Consumer case opionion summary, case decided on May 26,2010, LexisNexis #0810-023

Hammond v. Allegheny County Treasurer (In re Hammond)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant local taxing agencies seeking a determination of the secured status of tax liens after the debtor's planned redemption of real property which was sold at a sheriff's sale for unpaid taxes. The agencies contended that the debtor lacked standing to attempt to strip the agencies' tax liens.
Ruling: 
Debtor could redeem property sold at sheriff's sale and strip down local tax liens as part of chapter 13 plan.
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Consumer case opionion summary, case decided on December 15,2009, LexisNexis #0110-097

Springel v. Prosser (In re Prosser)

Chapter 11 Trustee for the bankruptcy estate of a corporation commenced this adversary proceeding seeking to avoid a transfer and recover certain real property transferred by the corporation to defendants, a chapter 7 debtor and his nondebtor wife. The statutory bases for the actions were 11 U.S.C.S. §§ 544 and 550. The trustee and the debtor each moved for summary judgment.
Ruling: 
Debtor's transfer of multi-million dollar mansion for inadequate consideration avoided as fraudulent.
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Consumer case opionion summary, case decided on October 09,2009, LexisNexis #1109-085

Springel v. Prosser (In re Prosser)

The court converted the chapter 11 case of respondent debtor to a chapter 7 case. The debtor claimed exemptions under 11 U.S.C.S. § 522(b)(3). Movants, the chapter 7 trustee, the chapter 11 trustee, and others, filed objections to the exemptions claimed by the debtor, alleging that the debtor conducted himself in bad faith and in an effort to thwart the bankruptcy process.
Ruling: 
All of debtor's claimed exemptions denied as inadequate, incomplete and false disclosures and inaccuracies in schedules established bad faith.
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Consumer case opionion summary, case decided on October 09,2009, LexisNexis #1109-078

Wilson v. DaimlerChrysler Fin. Servs. Ams. LLC

After confirmation of their chapter 13 plan, plaintiff debtors sued defendant creditor, seeking to set the value of an automobile to determine how much of the creditor's claim was secured and to bifurcate the claim into its secured and unsecured components. The creditor moved to dismiss on the ground that the complaint failed to state a claim upon which relief could be granted.
Ruling: 
Proceeding to determine secured and unsecured portions of motor vehicle creditor's claim dismissed as not filed within time limit set by court.
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Consumer case opionion summary, case decided on July 30,2009, LexisNexis #0909-047

In re Federal-Mogul Global Inc.

Debtor corporations filed petitions under chapter 11, and they sought approval of a joint plan of reorganization that contained two plans (the Plan A Settlement and the Plan B Settlement) for settling asbestos-related claims. Creditors, businesses that filed claims against the debtors, asked the court to approve the Plan A Settlement, and various insurance companies and other entities filed objections.
Ruling: 
Asbestos settlement denied where creditors did not qualify for required 524(g) injunction by virtue of their own conduct.
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Commercial case opionion summary, case decided on September 30,2008, LexisNexis #0209-101

In re Prosser

The debtor filed objections to three requests for professional fees on the basis that the fee applications contained entries that were unreasonable, duplicative, or vague. The firms were counsel to the interim chapter 7 trustee, counsel to the subsequent trustee, and the accountants to the interim trustee, respectively.
Ruling: 
Professional fees requests that were excessive, vague or insufficient were to be paid at lowest professional hourly rate subject to opportunity for supplementation and clarification.
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Consumer case opionion summary, case decided on August 19,2008, LexisNexis #0908-039

DirecTV Inc. v. Figler (In re Figler)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2) and (4). In district court proceedings, the debtor was found to have violated 47 U.S.C.S. § 605, 18 U.S.C.S. § 2511, and 18 Pa. Cons. Stat. § 910. The creditor moved to submit the issue of nondischargeability without a trial transcript.
Ruling: 
Bankruptcy court could not consider dischargeability of judgment without trial transcript.
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Consumer case opionion summary, case decided on July 30,2008, LexisNexis #0808-075

Prosser v. Prosser

A telephone cooperative and a chapter 11 trustee filed motions to compel defendants, a debtor and his nondebtor spouse, to answer certain questions at a § 341 meeting and to produce certain corporate and personal documents. The cooperative sought sanctions against the debtor. Defendants filed objections in which they asserted the Fifth Amendment.
Ruling: 
Debtor could assert Fifth Amendment privilege at creditors' meeting to the extent not waived.
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Consumer case opionion summary, case decided on June 09,2008, LexisNexis #0708-038

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