Skip to main content

Page Banner(Taxonomy)

judge altenburg

Suh, In re

Ruling
Debtor's motion to disallow claim denied where the city held a pre-petition claim and debtor'sequitable grounds were without merit as there was no stay violation and no basis for estoppel.(Bankr. D.N.J.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

ABI Membership is required to access the full summary of Suh, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 26, 2018 , LexisNexis #1118-027

Melincavage, In re

Ruling
Relief from stay granted as creditor was not adequately protected because debtor failed to provide the creditor with proof of proper insurance on the vehicle. (Bankr. D.N.J.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of Melincavage, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 20, 2018 , LexisNexis #0818-095

GGI Props., LLC, In re--GGI Props., LLC v. City of Millville

Ruling
Transfer could be avoided as it was determined fraudulent where there had been transfer of property to a municipality within 2 years before the date of the filing of the petition, which debtor did not receive reasonably equivalent value, and at the time of the transfer, debtor was or became insolvent. (Bankr. D.N.J.)
Issue(s)
Fraudulent Transfers and Obligations.

ABI Membership is required to access the full summary of GGI Props., LLC, In re--GGI Props., LLC v. City of Millville Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 06, 2018 , LexisNexis #0718-048

Mortellite, In re

Ruling
Court denied confirmation of the debtors' amended plan where it undervalued a farm whenevidence showed that the farm was worth more than the amount of the bank's secured claim.(Bankr. D.N.J.)
Issue(s)
Confirmation of Plan.

ABI Membership is required to access the full summary of Mortellite, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 11, 2018 , LexisNexis #0218-087

Denby-Peterson, In re

Ruling
Debtor was entitled to recover vehicle that was repossessed before declaring chapter 13bankruptcy as she had an equittable interest in the vehicle. (Bankr. D.N.J.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

ABI Membership is required to access the full summary of Denby-Peterson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 20, 2017 , LexisNexis #1117-104

LaRosa Greenhouse, LLP, In re

Ruling
Debtor was not barred from seeking a modification of its plan but may only modify its planif it meets its burden under 11 U.S.C. § 1229(b). (Bankr. D.N.J.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

ABI Membership is required to access the full summary of LaRosa Greenhouse, LLP, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 31, 2017 , LexisNexis #1017-025

Marchand v. Whittick (In re Whittick)

Ruling
Proceeds of loan from debtor's retirement plan were property of the estate.
Issue(s)
Were proceeds of a loan from debtor's retirement account subject to turnover as property of the estate?

ABI Membership is required to access the full summary of Marchand v. Whittick (In re Whittick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 17, 2016 , LexisNexis #0416-054

Sklar v. Susquehanna Bank (In re Global Prot. USA Inc.)

Ruling
Preferential transfers to bank avoided.
Issue(s)
Could trustee avoid allegedly preferential transfers to bank?

ABI Membership is required to access the full summary of Sklar v. Susquehanna Bank (In re Global Prot. USA Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 26, 2016 , LexisNexis #0316-097

In re DeMarco

Ruling
Debtor's attorneys' fees approved with reductions for duplicative services.
Issue(s)
Should debtor's attorneys' interim fee application be allowed over creditor's objection?

ABI Membership is required to access the full summary of In re DeMarco Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 09, 2016 , LexisNexis #0316-006

In re Garner

Ruling
Automatic stay extended in debtor's third case filed within one year due to debtor's good faith.
Issue(s)
Should the automatic stay be extended in debtor's third case filed within one year?

ABI Membership is required to access the full summary of In re Garner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 12, 2015 , LexisNexis #0116-009