- 11 U.S.C.
KH Funding Co. v. Escobar (In re KH Funding Co.)
Nov
18
2015
Ruling
Transfer's to wife of debtor's owner within twelve months prior to petition date were avoidable preferential transfers.
Issue(s)
Were transfers from loan business to owner's spouse within twelve months of petition date avoidable?
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Court
:
- 28 U.S.C.
Schlossberg v. Bell Builders Remodeling Inc. (In re Bell Builders Inc.)
Oct
01
2015
Ruling
Order for abstention vacated on reconsideration and ten counts of adversary proceeding dismissed.
Issue(s)
Should the bankruptcy court grant the trustee's motion for reconsideration and vacate its order of abstention from ten counts of an adversary proceeding?
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Court
:
- 11 U.S.C.
Ojiegbe v. Walter (In re Ojiegbe)
Sep
29
2015
Ruling
Divorce attorney for debtor's spouse sanctioned for violating the automatic stay by garnishing debtor's personal accounts to collect fee award.
Issue(s)
Should debtor's spouse's divorce attorney be sanctioned for garnishing debtor's personal accounts to collect fee award in violation of the automatic stay?
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Court
:
In re Ronald Cohen Mgmt. Co.
Feb
05
2015
Ruling
Chapter 11 case ordered dismissed as filed with subjective bad faith.
Issue(s)
Should bare bones chapter 11 case be dismissed for bad faith?
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Court
:
- 11 U.S.C.
Fairweather v. Monument Bank (In re Fairweather)
Jul
31
2014
Ruling
Garnishments of debtor's real estate commissions during preference period were avoidable.
Issue(s)
Were preference period garnishments of commissions from real estate sales by a bank from the real estate agency with which the debtor was affiliated avoidable?
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Court
:
- 11 U.S.C.
In re Neogenix Oncology Inc.
Mar
11
2014
Ruling
Confirmation denied due to non-essential provision releasing third-party claims against debtor's officers and directors.
Issue(s)
Could plan including release of third party claims against debtor's officers and directors, who held indemnification claims against debtor, be confirmed?
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Court
:
- 11 U.S.C.
Stvan v. Mona (In re Mona)
Jul
29
2013
Ruling
Debt was nondischargeable due to debtor's misrepresentation to induce creditor to advance funds.
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Court
:
Friolo v. Frankel (In re Frankel)
Jan
25
2013
Ruling
Relief from stay granted in order to allow resolution of appeal with possible collateral estoppel effect on nondischargeability proceeding.
Procedural posture
Movant sought relief from the automatic stay under 11 U.S.C.S. § 362(d) to allow the Court of Appeals of Maryland to resolve a pending appeal against the debtor. The movant filed an adversary proceeding against the debtor under 11 U.S.C.S. § 523(a)(6), alleging that the judgment should be excepted from discharge because it arose from a willful and malicious injury.
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Court
:
EagleBank v. Korman (In re Korman)
Sep
26
2012
Ruling
Discharge denied as to debtor son, but not as to debtor father, due to false financing certifications prepared without father's knowledge.
Procedural posture
Plaintiff bank sued defendants, a father and son who were chapter 7 debtors whose jointly owned and operated business was an involuntary debtor in a separate case, on claims that obligations of defendants arising out of plaintiff's financing of the business via a revolving line of credit (LOC) secured by accounts receivable (A/Rs) were nondischargeable per 11 U.S.C.S. § 523 and that discharge was properly denied to the son per 11 U.S.C.S. § 727.
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Court
:
Rosen v. Hoang (In re Hoang)
Sep
20
2012
Ruling
Debtor ordered to turn over diamonds not disclosed in original schedules.
Procedural posture
Debtor declared chapter 11 bankruptcy in 2005, and after her case was converted to one under chapter 7 of the Bankruptcy Code and a chapter 7 trustee was appointed to administer the case, the trustee sought an order under 11 U.S.C.S. § 542(a) that required the debtor to turn over 48.07 carats in diamonds she allegedly acquired postpetition using estate assets. The court held hearings on the motion and the debtor's objection.
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Court
: