Judge Kaplan

In re Fialkowski

The chapter 7 trustee filed a motion seeking an order directing the debtor to turn money in a bank account over to the trustee under 11 U.S.C.S. § 542. The debtor filed a motion seeking to compel the trustee to abandon the "exempt" bank account under 11 U.S.C.S. § 554(b).
Ruling: 
Motion to compel trustee to abandon exempt bank account granted but stayed until closing of case.
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Consumer case opionion summary, case decided on December 03,2012, LexisNexis #1212-126

In re Mary Holder Agency Inc.

A creditor filed a motion to establish a superpriority administrative expense claim under 11 U.S.C.S. §§ 503(b) and 507(b).
Ruling: 
Creditor not entitled to superpriority administrative expense claim for replacement liens absent showing of decline in value of cash collateral.
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Commercial case opionion summary, case decided on September 24,2012, LexisNexis #1012-123

Bene v. Educational Credit Mgmt. Corp. (In re Bene)

Debtor sought discharge of her student loan debt under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt discharged due to debtor's advanced age and lack of degree or special skills.
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Consumer case opionion summary, case decided on June 26,2012, LexisNexis #0712-140

In re Alberts

Plaintiff creditors filed a complaint against defendant chapter 7 debtors seeking to declare certain debts nondischargeable as against the debtor husband pursuant to 11 U.S.C.S. § 523(a)(2) and (a)(4).
Ruling: 
Debt arising from conduct of entities which debtor controlled pursuant to fraudulent scheme was nondischargeable.
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Consumer case opionion summary, case decided on June 07,2012, LexisNexis #0712-047

Sofia Design & Dev. At South Brunswick LLC v. DAmore (In re DAmore)

Plaintiffs, non-managing members of two limited liability companies (LLCs), filed an adversary proceeding against defendant chapter 7 debtor, a former managing member of the LLCs, claiming that the debtor committed fraud and defalcation while acting in a fiduciary capacity, embezzlement, larceny, and usurpation of a corporate opportunity. The debtor filed a motion for summary judgment and plaintiffs filed a cross-motion for summary judgment.
Ruling: 
Non-managing members of LLC could not seek damages from debtor managing member on behalf of LLC.
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Consumer case opionion summary, case decided on May 31,2012, LexisNexis #0712-004

In re Konowicz

This matter came before the court on a confirmation hearing filed by debtor with respect to debtor's proposed chapter 13 Plan. A creditor filed an Objection to Confirmation.
Ruling: 
Confirmation denied due to excessive living expenses and insufficient distribution to general unsecured creditors.
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Consumer case opionion summary, case decided on May 17,2012, LexisNexis #0612-105

In re Lucci

A chapter 7 Trustee filed a motion to compel the debtors to turnover certain funds alleged to be property of the estate.
Ruling: 
Funds received postpetition in settlement of claim against business partner arising from prepetition note were property of the estate.
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Consumer case opionion summary, case decided on March 05,2012, LexisNexis #0512-129

In re Rodriguez

The chapter 13 debtors filed a motion for damages under 11 U.S.C.S. § 362(k) stemming from an alleged willful violation of the automatic stay by a creditor.
Ruling: 
Debtor's attorneys' fees awarded due to creditor's willful violation of stay.
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Consumer case opionion summary, case decided on February 22,2012, LexisNexis #0312-115

In re Wedblad

The United States Trustee filed a motion to dismiss chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Case dismissed for abuse pursuant to means test using IRS standards pursuant to §707(b)(2)(A), which did not unconstitutionally delegate legislative power to IRS.
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Consumer case opionion summary, case decided on January 25,2012, LexisNexis #0212-093

In re OBiso

A bankruptcy debtor asserted that she contacted her mortgagee to attempt a loan modification and that the mortgagee provided trial period plans in relation to the mortgagee's participation in the federal Home Affordable Mortgage Program (HAMP). The debtor moved to expunge the mortgagee's claim on the ground that the mortgagee failed to provide a final loan modification.
Ruling: 
Mortgagee's failure to provide final loan modification was not grounds for disallowance of claim.
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Consumer case opionion summary, case decided on November 07,2011, LexisNexis #1211-118

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