- 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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In re Fialkowski
Dec
03
2012
Ruling
Motion to compel trustee to abandon exempt bank account granted but stayed until closing of case.
Procedural posture
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).
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Court
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In re Mary Holder Agency Inc.
Sep
24
2012
Ruling
Creditor not entitled to superpriority administrative expense claim for replacement liens absent showing of decline in value of cash collateral.
Procedural posture
A creditor filed a motion to establish a superpriority administrative expense claim under 11 U.S.C.S. §§ 503(b) and 507(b).
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Court
:
- 11 U.S.C.
Bene v. Educational Credit Mgmt. Corp. (In re Bene)
Jun
26
2012
Ruling
Student loan debt discharged due to debtor's advanced age and lack of degree or special skills.
Procedural posture
Debtor sought discharge of her student loan debt under 11 U.S.C.S. § 523(a)(8).
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Court
:
In re Alberts
Jun
07
2012
Ruling
Debt arising from conduct of entities which debtor controlled pursuant to fraudulent scheme was nondischargeable.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Sofia Design & Dev. At South Brunswick LLC v. DAmore (In re DAmore)
May
31
2012
Ruling
Non-managing members of LLC could not seek damages from debtor managing member on behalf of LLC.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Konowicz
May
17
2012
Ruling
Confirmation denied due to excessive living expenses and insufficient distribution to general unsecured creditors.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Lucci
Mar
05
2012
Ruling
Funds received postpetition in settlement of claim against business partner arising from prepetition note were property of the estate.
Procedural posture
A chapter 7 Trustee filed a motion to compel the debtors to turnover certain funds alleged to be property of the estate.
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Court
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In re Rodriguez
Feb
22
2012
Ruling
Debtor's attorneys' fees awarded due to creditor's willful violation of stay.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Wedblad
Jan
25
2012
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.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b).
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Court
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