Judge Kaplan

In re Amiel Rest. Partners LLC

Ruling: 
Proceeds of flood insurance were not property of the estate and could be recovered by debtor's landlord.
ABI Membership is required to access the full summary of In re Amiel Rest. Partners LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 16,2014, LexisNexis #0714-092

In re Peters

Ruling: 
Late-filed nondischargeability proceeding allowed as relating back to timely motion for equitable tolling.
ABI Membership is required to access the full summary of In re Peters. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 16,2014, LexisNexis #0614-104

McDonnell v. Blaine

Ruling: 
Debtor's failure to schedule judgment award on advice of counsel was not grounds for revocation of discharge.
ABI Membership is required to access the full summary of McDonnell v. Blaine. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 26,2014, LexisNexis #0414-133

In re McGowan

Ruling: 
Debtor entitled to damages for former spouse's pursuit of modified domestic relations order in willful violation of stay.
ABI Membership is required to access the full summary of In re McGowan. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 26,2014, LexisNexis #0314-074

Ring v. Swan (In re Swan)

Ruling: 
Turnover granted with respect to tax refund received and spent by debtors after chapter 13 petition date but before conversion to chapter 7.
ABI Membership is required to access the full summary of Ring v. Swan (In re Swan). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 18,2014, LexisNexis #0314-054

In re Surma

Ruling: 
Rents assigned to mortgagee prepetition were not property of the estate and could not be used to fund reorganization.
ABI Membership is required to access the full summary of In re Surma. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 04,2014, LexisNexis #0314-048

In re Princeton Office Park LP

Ruling: 
LLC's claim for recovery of premium paid for tax lien disallowed on reconsideration.
ABI Membership is required to access the full summary of In re Princeton Office Park LP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 31,2014, LexisNexis #0314-015

In re Stoner

Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed that an interest in a house he inherited from his father was exempt from creditors' claim under 11 U.S.C.S. § 522(d)(1). A trustee who was appointed to administer the debtor's case filed an objection to the debtor's claim.
Ruling: 
Interest in house inherited by debtor from father and then sold was not eligible for homestead exemption.
ABI Membership is required to access the full summary of In re Stoner. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0413-048

Moorehouse v. Rote (In re Moorehouse)

Trustee filed a proceeding against two mortgage creditors, pursuant to 11 U.S.C.S. § 547. The matter was before the court for decision.
Ruling: 
Mortgage executed prior to, but recorded during, preference period could be avoided.
ABI Membership is required to access the full summary of Moorehouse v. Rote (In re Moorehouse). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 28,2013, LexisNexis #0413-019

Wallach v. Ford Motor Co. (In re Performance Transp. Servs.)

Plaintiff chapter 7 trustee sought to recover payments made to defendant creditor as preferential, but the creditor, contending that the payments were for new value under 11 U.S.C.S. § 547(c)(4), filed a motion for summary judgment.
Ruling: 
New value defense did not apply where parties engaged in preferential payments rather than available setoff.
ABI Membership is required to access the full summary of Wallach v. Ford Motor Co. (In re Performance Transp. Servs.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0313-053

Pages

Subscribe to Judge Kaplan