- 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
:
In re Princeton Office Park LP
Jan
31
2014
Ruling
LLC's claim for recovery of premium paid for tax lien disallowed on reconsideration.
Issue(s)
Should previously allowed claim relating to creditor LLC's purchase of tax certificates be disallowed on reconsideration?
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Court
:
- 11 U.S.C.
In re Stoner
Mar
06
2013
Ruling
Interest in house inherited by debtor from father and then sold was not eligible for homestead exemption.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Moorehouse v. Rote (In re Moorehouse)
Feb
28
2013
Ruling
Mortgage executed prior to, but recorded during, preference period could be avoided.
Procedural posture
Trustee filed a proceeding against two mortgage creditors, pursuant to 11 U.S.C.S. § 547. The matter was before the court for decision.
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Court
:
- 11 U.S.C.
Wallach v. Ford Motor Co. (In re Performance Transp. Servs.)
Feb
08
2013
Ruling
New value defense did not apply where parties engaged in preferential payments rather than available setoff.
Procedural posture
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.
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Court
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