Johnson v. Davis (In re Davis)
May
12
2010
Ruling
Debtor's violation of order preventing alienation of property resulted in nondischargeable claim.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). After trial, the creditor moved to add an 11 U.S.C.S. § 727 cause of action. The court took the motion under submission and considered the matter only on 11 U.S.C.S. § 523 grounds.
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Court
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In re Shtayyeh
Mar
05
2010
Ruling
State's late motion to permit nunc pro tunc extension of time to ratify late service of timely filed nondischargeability complaint denied.
Procedural posture
Plaintiff, the State of New York, brought an adversary proceeding against defendant Chapter 7 debtor, pursuant to 11 U.S.C.S. § 523(a)(2), (4), (6). The debtor moved to dismiss the action as time-barred, and the State cross-moved to permit a nunc pro tunc extension of time to, in essence, ratify its service of a late, reissued summons.
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Court
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In re Princeton Office Park LP
Feb
17
2010
Ruling
State tax sale certificate holder did not have a "tax claim" and was not entitled to anti- modification protections.
Procedural posture
The creditor filed a proof of claim in the amount of $ 1,775,791.33, citing "taxes" as the basis of the debt obligation, The debtor filed a motion to fix the claim amount, interest rate and payment terms. The debtor argued that the creditor's claim was not a "tax claim" under New Jersey law, and therefore was not entitled to the anti-modification interest protection of 11 U.S.C.S. § 511(a). The parties moved for summary judgment.
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Court
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In re Kara Homes Inc.
Nov
20
2009
Ruling
Real estate marketing professionals not entitled to administrative expense claim where proceeds of sale of estate property were insufficient.
Procedural posture
The reorganized debtors (debtors) filed separate petitions for relief under chapter 11. The cases were jointly administered under a lead case. Claimant real estate professionals submitted claims for marketing expenses, disbursements, and legal fees as administrative expenses pursuant to 11 U.S.C.S. § 503(b). The debtors objected to the claims.
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Court
:
Wallach v. Douglas (In re Promedicus Health Group LLP)
Oct
14
2009
Ruling
Registered limited liability partnership was a "corporation" for purposes of determining insolvency.
Procedural posture
Plaintiff bankruptcy trustee filed an action against defendants, former partners in a New York registered limited liability partnership (RLLP) that declared bankruptcy and others, claiming that the RLLP was a "corporation," as that term was defined in 11 U.S.C.S. § 101(9), for purposes of determining if it was insolvent. The trustee filed a motion for summary judgment.
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Court
:
In re Richardson
May
04
2009
Ruling
Last pay advice that contained all necessary information satisfied debtor's filing requirements.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The court addressed whether or not the automatic dismissal provisions of 11 U.S.C.S. § 521(i) applied to the debtor's proceeding.
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Court
:
- 11 U.S.C.
In re Seven Hills Inc.
Mar
25
2009
Ruling
Landlord not entitled to relief from stay to enforce consent judgment and underlying lease which constituted an executory contract.
Procedural posture
A debtor filed for relief under the Bankruptcy Code, and became a debtor- in-possession. A landlord sought relief from the automatic stay for cause, pursuant to 11 U.S.C.S. § 362(d)(1).
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Court
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Sadigursky,In re--Sadigursky v. LSF9 Master Participation Trust
Mar
18
2009
Ruling
Proceeding was suspended in favor of adjudication by the New York Supreme Court as thelatter would have a better handle on the said foreclosure case which involved New Yorkstatutes. (Bankr. W.D.N.Y.)
Issue(s)
Abstention; Appeal of Order for Dismissal or Suspension Restricted.
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Court
:
N.J. Lawyers Fund for Client Prot. V. Fornaro (In re Fornaro)
Mar
12
2009
Ruling
Bankruptcy court abstained from adversary proceeding counterclaim not related to debtor's case.
Procedural posture
Debtor filed for relief under chapter 7 of the Bankruptcy Code, exempted her home and tax refund from her estate, and was granted a discharge. Plaintiff lawyer's fund filed a complaint to lift the automatic stay and for a turnover, and the fund successfully obtained a turnover. The debtor counterclaimed for fraud.
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Court
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In re Rupp
Sep
26
2008
Ruling
Judgment lien creditor's objection to debtor's state homestead exemption overruled.
Procedural posture
Debtor declared bankruptcy and claimed a homestead exemption under N.Y. C.P.L.R. art. 5206(a) in the entire value of a home she owned, even though she rented half the home and lived in the other half. A judgment creditor filed an objection to the debtor's claim, in an attempt to preempt a motion under 11 U.S.C.S. § 522(f) that would have avoided his judgment lien on the entire parcel.
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Court
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