- 11 U.S.C.
Springel v. Prosser (In re Prosser)
Feb
14
2013
Ruling
Exemptions claimed in two out of three properties disallowed on remand.
Procedural posture
Debtor declared chapter 7 bankruptcy and claimed that real property he owned in the U.S. Virgin Islands and in Florida was exempt from creditors' claims. Although the bankruptcy court disallowed the debtors' exemptions, the U.S. District Court for the United States Virgin Islands, Division of St. Thomas and St. John, reversed the bankruptcy court's ruling as to three tracts of land the debtor owned in the Virgin Islands, and remanded the case.
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:
Carroll v. Prosser (In re Prosser)
Dec
20
2012
Ruling
Discharge denied due to pattern of errors, omissions, significant mischaracterization and undervaluation of assets.
Procedural posture
Plaintiff, a chapter 7 Trustee, objected to the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7). Because the Trustee failed to set forth findings of fact and conclusions of law on § 727(a)(5) and (a)(7), the court considered those claims waived or abandoned.
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:
- 18 U.S.C.
Prosser v. Gerber (In re Prosser)
Dec
20
2011
Ruling
Payment by estate of post-testimony attorneys' fees for witness adverse to estate, which was later reimbursed, was not grounds for referral to U.S. Attorney.
Procedural posture
Debtor sought referral to the United States Attorney under 18 U.S.C.S. § 3057, and/or to an attorney disciplinary committee, certain matters involving respondents, including attorneys for the estate involved and the trustee, with respect to payment of legal fees for a witness. The court conducted an evidentiary hearing.
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Court
:
- 11 U.S.C.
Springel v. Prosser (In re Innovative Commun. Corp.)
Aug
05
2011
Ruling
Trustee could recover fraudulent and constructively fraudulent transfers from debtor's president, chairman and CEO to adult children.
Procedural posture
Plaintiff, a Chapter 11 trustee, sought to recover pre-petition fraudulent transfers and unauthorized post-petition transfers from defendant transferees, who were the adult children of the debtors' board president, chairman, and chief executive officer (CEO).
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Court
:
- 11 U.S.C.
Prosser v. Prosser (In re Prosser)
Mar
04
2011
Ruling
Trustee granted authority to sell property subject to non-debtor spouse's right of first refusal.
Procedural posture
Before the court was plaintiff Chapter 7 Trustee's Motion for Order (I) approving the sale of the "Palm Beach Property" pursuant to a certain contract of sale, to the party that submitted the highest and best offer; (II) authorizing the Trustee to take all reasonable steps to complete the sale, (III) directing interevening defendant debtor and his non-debtor spouse to vacate the Property, and (IV) granting related relief ("Sale Motion").
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Court
:
- 11 U.S.C.
Springel v. Prosser (In re Prosser)
Feb
09
2011
Ruling
Constructive trust imposed on debtor's property deemed subject to turnover.
Procedural posture
The chapter 11 trustee (Trustee 11) for Company and the chapter 7 trustee (Trustee 7) for debtor husband, citing 11 U.S.C.S. § 542, sought orders for turnover against various family members, including the wife, of various items of property claimed by either one or both of the trustees to be the property of their respective estates per 11 U.S.C.S. § 541. A motion to stay proceedings was also before the court.
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:
- 11 U.S.C.
Carroll v. North Shore Real Estate Corp. (In re Prosser)
May
26
2010
Ruling
Prepetition and postpetition transfers avoided due to transferee's non-responsive replies to trustee's requests to admit.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant real estate corporation, seeking a determination that $ 72,720 in prepetition transfers and $ 42,420 in postpetition transfers a chapter 7 debtor made to the corporation were avoidable under 11 U.S.C.S. §§ 544, 547, 548 and 549, and recoverable under 11 U.S.C.S. § 550. The trustee filed a renewed motion for summary judgment.
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:
Springel v. Prosser (In re Prosser)
Oct
09
2009
Ruling
Debtor's transfer of multi-million dollar mansion for inadequate consideration avoided as fraudulent.
Procedural posture
Chapter 11 Trustee for the bankruptcy estate of a corporation commenced this adversary proceeding seeking to avoid a transfer and recover certain real property transferred by the corporation to defendants, a chapter 7 debtor and his nondebtor wife. The statutory bases for the actions were 11 U.S.C.S. §§ 544 and 550. The trustee and the debtor each moved for summary judgment.
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Court
:
- 11 U.S.C.
Springel v. Prosser (In re Prosser)
Oct
09
2009
Ruling
All of debtor's claimed exemptions denied as inadequate, incomplete and false disclosures and inaccuracies in schedules established bad faith.
Procedural posture
The court converted the chapter 11 case of respondent debtor to a chapter 7 case. The debtor claimed exemptions under 11 U.S.C.S. § 522(b)(3). Movants, the chapter 7 trustee, the chapter 11 trustee, and others, filed objections to the exemptions claimed by the debtor, alleging that the debtor conducted himself in bad faith and in an effort to thwart the bankruptcy process.
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In re Prosser
Aug
19
2008
Ruling
Professional fees requests that were excessive, vague or insufficient were to be paid at lowest professional hourly rate subject to opportunity for supplementation and clarification.
Procedural posture
The debtor filed objections to three requests for professional fees on the basis that the fee applications contained entries that were unreasonable, duplicative, or vague. The firms were counsel to the interim chapter 7 trustee, counsel to the subsequent trustee, and the accountants to the interim trustee, respectively.
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