In re Byrne
Nov
13
2015
Ruling
Debtor not entitled to claim exemptions in life insurance and pension plan proceeds that were subject to state probate process.
Issue(s)
Should debtor be prohibited from claiming exemptions in connection with a pension and life insurance policy held by debtor's non-debtor deceased spouse?
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Court
:
- 11 U.S.C.
In re Wrobel
Jul
23
2015
Ruling
Plan in case filed in part to address debt owed to debtor's divorce lawyers could be confirmed.
Issue(s)
Might a debtor who loses confidence in divorce attorneys but derived some benefit from their efforts, and purchased a homestead instead of paying significant fees, file chapter 13 bankruptcy to manage the debt?
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Court
:
- 11 U.S.C.
Dots LLC v. Capstone Media (In re Dots LLC)
Jul
16
2015
Ruling
Prepayments for work performed by creditor were not on account of antecedent debt and not avoidable preferential transfers.
Issue(s)
Were debtors' payments to media services company made on account of antecedent debts and avoidable preferences?
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Court
:
IDEA Boardwalk LLC v. Revel Entmt Grp. (In re Revel AC Inc.)
Jun
24
2015
Ruling
Tenants holding true leases retained lease rights despite sale of debtor landlord's assets.
Issue(s)
Were debtor's agreements with tenants true leases that would entitle tenants to protections afforded by § 365(h) or memorializations of some other form of contractual relationship that would allow debtor to reject the agreements?
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Court
:
- 11 U.S.C.
In re Wrobel
Feb
12
2015
Ruling
Confirmation denied for bad faith due to debtor's prepetition conversion of nonexempt property to nonexempt in order to avoid making sufficient payments to former divorce counsel.
Issue(s)
Could debtor's plan be confirmed where debtor proposed to pay only 10 percent of debt to divorce attorneys despite having purchased exempt homestead prior to petition date with funds received in divorce settlement negotiated by those attorneys?
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Court
:
- 11 U.S.C.
Ring v. First Niagra Bank (In re Sterling United Inc.)
Oct
03
2014
Ruling
Convoluted collateral description in series of UCC filings was not "seriously misleading" with respect to trustee and was not grounds for avoidance.
Issue(s)
Whether a needlessly convoluted description of collateral in a succession of U.C.C. financing statements causes a claim of security to fail as "seriously misleading" under N.Y. U.C.C. Law § 9-506.
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Court
:
In re Shafer
Sep
18
2014
Ruling
Chapter 13 case arising out of a two party dispute dismissed for bad faith.
Issue(s)
Should debtor's chapter 13 case that was filed as a result of a two party dispute be dismissed for bad faith?
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Court
:
Marzullo v. Rubin
Aug
05
2014
Ruling
Landlord's locking debtor out of premises on last day of lease violated stay but entitled debtor to only nominal damages.
Issue(s)
Did landlord violate stay by locking debtor out of premises for last half-day of lease?
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Court
:
- FRBP
In re Law Firm of Frank R. Bayger P.C.
Jul
16
2014
Ruling
Objections to trustee's final report and request for discharge are limited to the issue of whether the estate has been fully administered.
Issue(s)
On debtor's objection to trustee's final report and request for discharge could the bankruptcy court hear evidence regarding negligent and improper acts of the trustee and the former trustee?
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Court
:
- 28 U.S.C.
In re Law Firm of Frank R. Bayger PC
Jun
25
2014
Ruling
Recusal of bankruptcy judge based on alleged bias denied.
Issue(s)
Should judge in twelve-year-old case recuse self on grounds of alleged impartiality?
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Court
: