Judge Fitzgerald

Global Indus. Techs. V. J.P. Morgan Trust Co. N.A. (In re Global Indus. Techs.)

Respondent indenture trustee filed an unsecured proof of claim which included compensation, attorneys' fees, and expenses that had been incurred as of the date of the bankruptcy was filed. Movant debtors objected to the postpetition portion of the claim.
Ruling: 
Postpetition portion of trustee's claim was denied since sections 502 and 506 did not allow for unsecured claim of postpetition attorneys'fees.
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Spyra v. Finney (In re Finney)

Plaintiff, a proposed purchaser of real property from defendant bankruptcy debtor, brought an adversary proceeding against the debtor objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2)(B) and (4)(A). The purchaser alleged that the debtor concealed assets by conducting an unauthorized auction of personalty and that the debtor made a false oath in filing an answer concerning the auction. The bankruptcy court conducted a trial.
Ruling: 
Debtor was denied discharge where a debtor concealed assets by conducting an authorized auction pursuant to a contract signed by the debtor's girlfriend.
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