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
:
- 11 U.S.C.
In re Amiel Rest. Partners LLC
Jun
16
2014
Ruling
Proceeds of flood insurance were not property of the estate and could be recovered by debtor's landlord.
Issue(s)
Should debtor be compelled to release insurance proceeds escrowed with debtor's bankruptcy attorney and derived from debtor's personalty destroyed by Superstorm Sandy at its restaurant premises to its landlord?
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Court
:
- FRBP
In re Peters
May
16
2014
Ruling
Late-filed nondischargeability proceeding allowed as relating back to timely motion for equitable tolling.
Issue(s)
Should late filed nondischargeability proceeding be allowed as relating back to motion to hold debt nondischargeable that was filed before the bar date?
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Court
:
McDonnell v. Blaine
Mar
26
2014
Ruling
Debtor's failure to schedule judgment award on advice of counsel was not grounds for revocation of discharge.
Issue(s)
Should debtor's discharge be revoked due to a failure to disclose a judgment award?
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Court
:
In re McGowan
Feb
26
2014
Ruling
Debtor entitled to damages for former spouse's pursuit of modified domestic relations order in willful violation of stay.
Issue(s)
Was debtor entitled to damages for former spouse's pursuit of post-petition motions in the state court relating to a qualified domestic relations order in violation of the automatic stay?
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Court
:
- 11 U.S.C.
Ring v. Swan (In re Swan)
Feb
18
2014
Ruling
Turnover granted with respect to tax refund received and spent by debtors after chapter 13 petition date but before conversion to chapter 7.
Issue(s)
Was cash received and spent by chapter 13 debtors in good faith prior to conversion to Chapter 7 subject to turnover order and if so should discharge be denied if debtors fail to repay as negotiated?
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Court
:
In re Surma
Feb
04
2014
Ruling
Rents assigned to mortgagee prepetition were not property of the estate and could not be used to fund reorganization.
Issue(s)
Whether rents assigned by chapter 11 debtor under a pre-petition absolute assignment of rents to a mortgagee could be used pursuant to a proposed plan of reorganization against only the secured portion of the bifurcated claim.
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Court
: