Judge Kaplan

Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)

This matter came before the court upon the motion of defendant, an alleged transferee, to dismiss, under Fed. R. Civ. P. 12(b)(3), the adversary complaint initiated by plaintiff, the chapter 7 trustee, for lack of proper venue pursuant to 28 U.S.C.S. § 1409(b). The trustee's complaint, pursuant to 11 U.S.C.S. § 547, sought to avoid allegedly preferential transfers to defendant in the aggregate amount of $11,211.
Ruling: 
Alleged lack of venue not grounds for dismissal of preference proceeding.
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Commercial case opionion summary, case decided on October 24,2011, LexisNexis #1211-017

Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)

This matter came before the court upon the motion of defendant, an alleged transferee, to dismiss, under Fed. R. Civ. P. 12(b)(3), the adversary complaint initiated by plaintiff, the chapter 7 trustee, for lack of proper venue pursuant to 28 U.S.C.S. § 1409(b). The trustee's complaint, pursuant to 11 U.S.C.S. § 547, sought to avoid allegedly preferential transfers to defendant in the aggregate amount of $11,211.
Ruling: 
28 U.S.C. § 1409 applies to preference proceedings and the relevant date for purposes of assessing the monetary threshold set forth by § 1409(b) is the Petition Date.
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Commercial case opionion summary, case decided on October 24,2011, LexisNexis #1211-100

In re Anthony

Debtor filed a motion to modify and reduce the proof of claim of creditor, his ex-wife, with respect to pre-petition domestic support obligations.
Ruling: 
Debtor's obligation to pay condominium fees on behalf of former spouse was not a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on August 03,2011, LexisNexis #0911-009

In re Garcia

Chapter 13 debtors filed a motion to modify the proof of claim filed by a creditor.
Ruling: 
Creditor's postpetition redemption of prepetition tax lien did not violate stay.
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Consumer case opionion summary, case decided on June 24,2011, LexisNexis #0711-108

In re Ocean Place Dev. LLC

Chapter 11 debtor-in-possession filed a motion for a final order approving the use of cash collateral. The secured lender, objected to debtor's motion and moved for dismissal of the debtor's bankruptcy case for cause, including bad faith, or, alternatively, for vacation of the automatic stay. The debtor operated a seaside spa and resort hotel.
Ruling: 
Hotel revenues were cash collateral that could be used by debtor.
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Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0411-121

Pfeiffer v. Wulster

This matter was before the court upon the request filed by plaintiff creditor to strike defendant debtor's pleadings for failure to provide discovery. On November 16, 2010, the court entered said Order. The court entered a subsequent order on January 11, 2011 denying debtor's Motion for Reconsideration. However, before entering a default judgment against debtor, the court scheduled a proof hearing as to the creditor's 11 U.S.C.S. § 523 complaint.
Ruling: 
Debt owed pursuant to debtor's check forgeries was nondischargeable.
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Consumer case opionion summary, case decided on March 16,2011, LexisNexis #0511-012

Youngman v. YA Global Invs. L.P. (In re Headliners Entertainment Group Inc.)

Chapter 7 trustee sought to recover payments made to defendants, an investment company and a related financial advisory company, as fraudulent transfer actions under 11 U.S.C.S. § 548(a)(1)(B). The Trustee objected to defendants' introduction of testimony supplementing the promissory note agreements at issue on the grounds that such testimony was barred by the parol evidence rule.
Ruling: 
Payments to financial advisory company were not fraudulent transfers because the debtor received reasonably equivalent value.
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Commercial case opionion summary, case decided on February 09,2011, LexisNexis #0311-089

In re Zambuto

Debtor filed a petition under chapter 13, proposed a plan for repaying her creditors, and asked the court to confirm her plan pursuant to 11 U.S.C.S. § 1325. A bank filed an objection to the debtor's plan, claiming that the debtor had not properly calculated the value of a used motor vehicle she owned for cramdown purposes.
Ruling: 
Debtor's experts' use of wholesale guide rejected in calculation of value of vehicle for cramdown purposes.
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Consumer case opionion summary, case decided on September 28,2010, LexisNexis #1110-032

In re Scott

This matter came before the court on debtor's chapter 13 petition, in contemplation of approval of debtor's Plan of Confirmation, together with objections interposed by a creditor. The principal issue before the court was how to calculate the replacement value of a used vehicle for cram down purposes, including the appropriate commercial valuation guides to be used.
Ruling: 
Value of used vehicle for cramdown purposes set at National Automobile Dealers Association Guide retail value less cost of repairs and reconditioning.
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Consumer case opionion summary, case decided on September 27,2010, LexisNexis #1110-013

In re Davis

Debtor objected to proofs of claim filed by the chapter 7 trustee on behalf of creditors pursuant to Fed. R. Bankr. P. 3004, which claims were not filed within the 30-day limitation imposed under the rules. At issue was whether the claims were properly allowed as "late-filed" claims pursuant to 11 U.S.C.S. § 726 which presumably were to be paid before any surplus was returned to debtor.
Ruling: 
Debtor's objection to late proofs of claim filed by trustee on behalf of unspecified creditors sustained.
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Consumer case opionion summary, case decided on June 11,2010, LexisNexis #0910-067

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