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Chitester, In re

Ruling
Debtor's motion to compel discovery where subpoenas were unjust and prejudicial to creditor denied. (Bankr. D.N.J.)
Issue(s)
Examination.

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Consumer opinion summary, case decided on February 21, 2025 , LexisNexis #0425-098

Hackler, In re--Hackler v. Arianna Holdings Co., LLC

Ruling
Tax sale foreclosure transfer could be avoided by debtors as it was deemed as preferentialtransfer. (Bankr. D.N.J.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on August 28, 2017 , LexisNexis #1017-019

Chaudry, In re

Ruling
Marital tort claim deemed dischargeable as an adversary proceeding was not timely filed.(Bankr. D.N.J.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under §

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Consumer opinion summary, case decided on July 10, 2017 , LexisNexis #0817-088

In re Packaging Sys., LLC

Ruling
Preconversion super-priority claim took precedence over postconversion administrativeexpense claims. (Bankr. D.N.J.)
Issue(s)
Should creditor’s pre-conversion super-priority claim subordinate all post-conversion chapter 7 administrative expenses?

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Commercial opinion summary, case decided on September 30, 2016 , LexisNexis #1016-110

Truocchio v. Smith

Ruling
Award of fees to creditor’s attorneys denied.
Issue(s)
Whether attorneys' fees incurred by creditor in the prosecution of a personal injury action and subsequent nondischargeability proceeding, in which creditor prevailed, should be added to the judgment amount?

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Consumer opinion summary, case decided on July 15, 2016 , LexisNexis #0816-034

In re Norris

Ruling
Inherited IRA constituted a qualified trust and was not property of the estate.
Issue(s)
Whether an inherited individual retirement account, which names debtor as beneficiary, constitutes property of the bankruptcy estate?

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Consumer opinion summary, case decided on May 20, 2016 , LexisNexis #0616-052

In re Mecka

Ruling
Trustee was entitled to recover full non-exempt portion of debtor's tax refund where non- debtor spouse did not earn any income.
Issue(s)
What is the proper allocation of tax refunds between the debtor, who is the sole household wage earner and non-debtor spouse?

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Consumer opinion summary, case decided on April 01, 2016 , LexisNexis #0416-127

In re Rones

Ruling
Unsecured balance of condominium association lien could be stripped off.
Issue(s)
Could balance of condominium lien after payment of six month priority claim be stripped off?

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Consumer opinion summary, case decided on June 11, 2015 , LexisNexis #0715-032

In re Rappaport

Ruling
Claim based on debtor's executory membership contract with golf club disallowed but the club was allowed an unsecured claim for damages.
Issue(s)
Should claim of creditor country club be disallowed as arising out of an executor contract that could be rejected by debtor and if it could be rejected, was the creditor entitled to rejection damages?

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Consumer opinion summary, case decided on October 01, 2014 , LexisNexis #1014-116

Dobin v. Slater

Ruling
Denial of discharge denied due to trustee's failure to establish actual intent to hinder, delay or defraud with transfers to spouse.
Issue(s)
Was debtor's failure to disclose transfers of interest in property and in joint tax refund to spouse within one year of petition date grounds for a denial of discharge?

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Consumer opinion summary, case decided on August 27, 2014 , LexisNexis #0914-128