- 11 U.S.C.
In re Bendezu
Jun
17
2016
Ruling
Late filed proof of claim disallowed where creditor found out about debtor’s bankruptcy 45 days prior to bar date.
Issue(s)
Was unscheduled creditor who learned of debtor’s filing 45 days prior to bar date be allowed to file a late proof of claim?
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Court
:
Giuliano v. Ernst & Young LLP (In re RIH Acquisitions NJ LLC)
May
24
2016
Ruling
Disinterestedness is not at issue in the hiring of ordinary course professionals and not a bar to a related preference proceeding.
Issue(s)
Was retention of ordinary course professionals who were allegedly not disinterested grounds for dismissal of preference proceeding?
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Court
:
- 11 U.S.C.
In re Hoffmann
May
23
2016
Ruling
Debtor could not modify first mortgage on primary residence that included a guesthouse also used as part of the residence.
Issue(s)
Could debtor cram down a first mortgage secured by property other than the Debtor's principal residence, namely a detached 420 square foot guesthouse on the same parcel as the principal residence?
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Court
:
- 11 U.S.C.
In re Norris
May
20
2016
Ruling
Inherited IRA constituted a qualified trust and was not property of the estate.
Issue(s)
Whether an inherited individual retirement account, which names debtor as beneficiary, constitutes property of the bankruptcy estate?
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Court
:
Kartzman v. Peachtree Special Risk Brokers (In re John A. Rocco Co.)
May
18
2016
Ruling
Commissions received by a wholesale insurance broker were avoidable preferences.
Issue(s)
Whether transferee was the initial transferee from whom the preference payment can be recovered or if the "mere conduit" defense precludes liability?
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Court
:
- 11 U.S.C.
In re Mecka
Apr
01
2016
Ruling
Trustee was entitled to recover full non-exempt portion of debtor's tax refund where non- debtor spouse did not earn any income.
Issue(s)
What is the proper allocation of tax refunds between the debtor, who is the sole household wage earner and non-debtor spouse?
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Court
:
Marchand v. Whittick (In re Whittick)
Mar
17
2016
Ruling
Proceeds of loan from debtor's retirement plan were property of the estate.
Issue(s)
Were proceeds of a loan from debtor's retirement account subject to turnover as property of the estate?
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Court
:
Sklar v. Susquehanna Bank (In re Global Prot. USA Inc.)
Feb
26
2016
Ruling
Preferential transfers to bank avoided.
Issue(s)
Could trustee avoid allegedly preferential transfers to bank?
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Court
:
- 11 U.S.C.
In re DeMarco
Feb
09
2016
Ruling
Debtor's attorneys' fees approved with reductions for duplicative services.
Issue(s)
Should debtor's attorneys' interim fee application be allowed over creditor's objection?
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Court
:
In re Byrne
Nov
13
2015
Ruling
Debtor not entitled to claim exemptions in life insurance and pension plan proceeds that were subject to state probate process.
Issue(s)
Should debtor be prohibited from claiming exemptions in connection with a pension and life insurance policy held by debtor's non-debtor deceased spouse?
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Court
: