Judge Kaplan

Johnson v. Davis (In re Davis)

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.
Ruling: 
Debtor's violation of order preventing alienation of property resulted in nondischargeable claim.
ABI Membership is required to access the full summary of Johnson v. Davis (In re Davis). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 12,2010, LexisNexis #0810-035

In re Shtayyeh

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.
Ruling: 
State's late motion to permit nunc pro tunc extension of time to ratify late service of timely filed nondischargeability complaint denied.
ABI Membership is required to access the full summary of In re Shtayyeh. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 05,2010, LexisNexis #0510-083

In re Princeton Office Park LP

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.
Ruling: 
State tax sale certificate holder did not have a "tax claim" and was not entitled to anti- modification protections.
ABI Membership is required to access the full summary of In re Princeton Office Park LP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 17,2010, LexisNexis #0410-115

In re Kara Homes Inc.

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.
Ruling: 
Real estate marketing professionals not entitled to administrative expense claim where proceeds of sale of estate property were insufficient.
ABI Membership is required to access the full summary of In re Kara Homes Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 20,2009, LexisNexis #0110-111

Wallach v. Douglas (In re Promedicus Health Group LLP)

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.
Ruling: 
Registered limited liability partnership was a "corporation" for purposes of determining insolvency.
ABI Membership is required to access the full summary of Wallach v. Douglas (In re Promedicus Health Group LLP). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 14,2009, LexisNexis #0110-131

In re Richardson

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.
Ruling: 
Last pay advice that contained all necessary information satisfied debtor's filing requirements.
ABI Membership is required to access the full summary of In re Richardson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0709-011

In re Seven Hills Inc.

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).
Ruling: 
Landlord not entitled to relief from stay to enforce consent judgment and underlying lease which constituted an executory contract.
ABI Membership is required to access the full summary of In re Seven Hills Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 25,2009, LexisNexis #0609-110

N.J. Lawyers Fund for Client Prot. V. Fornaro (In re Fornaro)

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.
Ruling: 
Bankruptcy court abstained from adversary proceeding counterclaim not related to debtor's case.
ABI Membership is required to access the full summary of N.J. Lawyers Fund for Client Prot. V. Fornaro (In re Fornaro). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 12,2009, LexisNexis #0509-024

In re Rupp

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.
Ruling: 
Judgment lien creditor's objection to debtor's state homestead exemption overruled.
ABI Membership is required to access the full summary of In re Rupp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2008, LexisNexis #1108-009

In re Rodriguez

Chapter 13 debtors filed a motion asserting that post-petition collection by a mortgagee of a pre-petition escrow shortage constituted a violation of the automatic stay provisions set forth in 11 U.S.C.S. § 362(a).
Ruling: 
Mortgagee's increase in postpetition payments due to tax and insurance escrow shortage did not violate stay but was improperly calculated.
ABI Membership is required to access the full summary of In re Rodriguez. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 22,2008, LexisNexis #1008-110

Pages

Subscribe to Judge Kaplan