Benjamin, In re
Jan
19
2018
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.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; In General.
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Court
:
- 11 U.S.C.
Larkin, In re
Mar
21
2017
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.)
Issue(s)
Discharge.
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Court
:
- 11 U.S.C.
Maitland v. New Jersey Div. of Taxation (In re Maitland)
Jun
10
2015
Ruling
Tax debt for which debtor filed a late tax return was dischargeable.
Issue(s)
Was tax debt for which debtor filed a late tax return dischargeable?
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Court
:
National Pool Constr. Inc. v. Katzman
Jan
29
2015
Ruling
Avoidance proceeding against the United States dismissed due to sovereign immunity.
Issue(s)
Should an avoidance proceeding against the United States be dismissed due to operation of sovereign immunity?
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Court
:
- FRBP
In re Lewis
Oct
18
2013
Ruling
Self-contradicting proof of claim modified to reflect proper amount of debt.
Issue(s)
Should proof of claim listing two different values be modified.
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Court
:
- 11 U.S.C.
In re Weinberg
May
07
2013
Ruling
Relief from stay granted to allow bank to levy upon insurance proceeds from property that was in foreclosure when destroyed by fire.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Pyfer v. Josantos Construction (In re National Pool Constr. Inc.)
Mar
08
2013
Ruling
Prepetition check honored postpetition was an unauthorized, avoidable transfer.
Procedural posture
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).
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Court
:
In re Gambacorto
Aug
11
2011
Ruling
Case dismissed as filed to avoid payment of debt in two-party dispute.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Raritan Hospitality LLC
Jul
08
2011
Ruling
Attorneys' fee application approved with reductions for inefficiencies and excessive time charges.
Procedural posture
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.
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Court
:
Stanziale v. Sutton (In re Dwek)
Jan
20
2011
Ruling
Transfer of "profits" by debtor Ponzi scheme operator avoided as fraudulent given absence of non-fraudulent basis for transfer.
Procedural posture
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).
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Court
: