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Stanziale v. Boyajian (In re Boyajian)

Jan
31
2013
Ruling
Discharge denied due to failure to maintain adequate financial records
Procedural posture

Chapter 7 trustee filed an adversary proceeding, seeking denial of a bankruptcy discharge for debtor, based upon 11 U.S.C.S. § 727 (a)(2) through (a)(5), and, in particular, for debtor's failure to maintain adequate financial records, as required by 11 U.S.C.S. § 727(a)(3). Trustee and the debtor filed cross-motions for summary judgment on that issue.

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Consumer opinion summary, case decided on January 31, 2013 , LexisNexis #0313-024
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In re Parks

Aug
16
2012
Ruling
Rents that were subject of an absolute assignment were not property of the estate but ordered to be collected directly by creditor.
Procedural posture

Movant, a chapter 13 debtor who had defaulted on a note held by a creditor and secured by a mortgage and an absolute assignment of rents, sought confirmation of a plan that provided for monthly plan payments against a "cramdown" amount. The creditor objected to the plan. Issues included the amount that was actually due on the note and the effect, if any, of 11 U.S.C.S. § 506(d) on the rights of the parties.

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Consumer opinion summary, case decided on August 16, 2012 , LexisNexis #0912-076
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In re Kang

Feb
27
2012
Ruling
Voluntary dismissal for cause denied where debtor had taken advantage of stay to stop execution and foreclosures.
Procedural posture

Debtor moved to dismiss her own chapter 7 bankruptcy case, arguing that the mechanics of the filing process were flawed, and that she did not comply with 11 U.S.C.S. §§ 109(h) and 521, in that she never received the required credit counseling, although she had timely submitted a credit counseling certificate.

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Consumer opinion summary, case decided on February 27, 2012 , LexisNexis #0312-091
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Wilen v. Pamparo Sav. Bank (In re Bayonne Med. Ctr.)

May
26
2010
Ruling
Repayment of short term loan was made in ordinary course of business to a non-insider and was not avoidable.
Procedural posture

After granting a motion to reconsider a prior defense ruling in an adversary suit to recover preferential transfers to defendant bank, plaintiff trustee sought judgment that debtor's partial repayment of a loan from defendant was voidable per 11 U.S.C.S. § 547 or N.J. Stat. Ann. § 25:2- 27(b). Defendant also sought summary judgment. Issues included whether defendant was a "nonstatutory" insider and whether the repayment was in the ordinary course.

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Commercial opinion summary, case decided on May 26, 2010 , LexisNexis #0810-093
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Triangle Transp. Inc.

Dec
03
2009
Ruling
Bid of majority shareholders of debtor for purchase of assets accepted.
Procedural posture

Two groups of shareholders of the chapter 7 debtor, the majority and minority shareholders, each submitted bids to make a good faith purchase of the chapter 7 sale of assets. Those parties had been engaged in a lengthy struggle for control of the debtor which resulted in the failure of the chapter 11 reorganization of the debtor.

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Commercial opinion summary, case decided on December 03, 2009 , LexisNexis #0210-047
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Birdsall v. Tulloch (In re Tulloch)

Aug
28
2007
Ruling
Damages for wrongful death due to debtor's operation of motor vehicle while intoxicated as determined by state court was nondischargeable.
Procedural posture

Plaintiff administrator sued defendant debtor to except from bankruptcy discharge a judgment debt arising out of the tragic 1998 death of the administrator's 20-year-old daughter. The exception-to-discharge allegations were grounded in 11 U.S.C. § 523(a)(6) (willful and malicious injury). The matter was pending decision.

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opinion summary, case decided on August 28, 2007 , LexisNexis #1007-025
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