Judge Ferguson

Benjamin, In re

Ruling: 
Debtors were allowed to reopen their case to list a lawsuit as an asset of their bankruptcy estate but needed to show excusable neglect. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-118

Larkin, In re

Ruling: 
Discharge granted to debtor where new evidence regarding gross neglect of the debtor's counsel undercut the finding of intent to deceive. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on March 21,2017, LexisNexis #0417-110

Maitland v. New Jersey Div. of Taxation (In re Maitland)

Ruling: 
Tax debt for which debtor filed a late tax return was dischargeable.
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Consumer case opionion summary, case decided on June 10,2015, LexisNexis #0715-019

National Pool Constr. Inc. v. Katzman

Ruling: 
Avoidance proceeding against the United States dismissed due to sovereign immunity.
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Commercial case opionion summary, case decided on January 29,2015, LexisNexis #0215-129

In re Weinberg

A bank filed a motion for stay relief pursuant to 11 U.S.C.S. § 362(d)(1) with respect to certain insurance proceeds received by chapter 11 debtors following a fire that destroyed their residential property. The bank also sought stay relief with respect to the real property pursuant to § 362(d)(2)(A).
Ruling: 
Relief from stay granted to allow bank to levy upon insurance proceeds from property that was in foreclosure when destroyed by fire.
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Consumer case opionion summary, case decided on May 07,2013, LexisNexis #0513-113

Pyfer v. Josantos Construction (In re National Pool Constr. Inc.)

In a previous order, the court found that payments to defendant did not constitute a preference under 11 U.S.C.S. § 547 and denied summary judgment on that basis and dismissed the complaint. The court vacated the dismissal and addressed the remaining counts of the complaint, which included avoidance and recovery of a postpetition transfer under 11 U.S.C.S. §§ 549 and 550 and disallowance of any claim by defendant under 11 U.S.C.S. § 502(d).
Ruling: 
Prepetition check honored postpetition was an unauthorized, avoidable transfer.
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Commercial case opionion summary, case decided on March 08,2013, LexisNexis #0413-057

In re Gambacorto

The creditors filed a motion to dismiss a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 1307(c). The debtor filed a motion to quash a subpoena, and the creditors filed a cross- motion to enforce the subpoena.
Ruling: 
Case dismissed as filed to avoid payment of debt in two-party dispute.
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Consumer case opionion summary, case decided on August 11,2011, LexisNexis #0911-024

Raritan Hospitality LLC

Counsel to a debtor filed a first interim fee application pursuant to 11 U.S.C.S. § 330. Pursuant to an administrative order, the law firm was permitted to file monthly fee statements that, in the absence of objection allowed interim payments after a 21-day review period. A creditor objected to portions of the monthly statements and also objected to the fee application.
Ruling: 
Attorneys' fee application approved with reductions for inefficiencies and excessive time charges.
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Commercial case opionion summary, case decided on July 08,2011, LexisNexis #0811-073

Stanziale v. Sutton (In re Dwek)

Trustee sought summary judgment against defendant transferees on claims that debtor's wire transfers to them totaling $1.369 million, which included $169,999 in "profits," were voidable as fraudulent conveyances per 11 U.S.C.S. § 548. Defendants opposed the motion, claiming inter alia that they had given value to debtor by transferring $1.2 million to him for the purpose of investment and thus had a lien within the meaning of § 548(c).
Ruling: 
Transfer of "profits" by debtor Ponzi scheme operator avoided as fraudulent given absence of non-fraudulent basis for transfer.
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Consumer case opionion summary, case decided on January 20,2011, LexisNexis #0211-089

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