Rybakova v. Yefimova (In re Yefimova)
Jun
08
2012
Ruling
Discharge denied due to debtor's material misrepresentations regarding debts and assets.
Procedural posture
Plaintiff creditor sought denial of defendant debtor's discharge under 11 U.S.C.S. § 727(a) and in the alternative, that the debt owed to the creditor be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
Wolf v. McChesney (In re McChesney)
May
21
2012
Ruling
Discharge revoked due to debtor's reckless and cavalier disregard for truth, including severe understatement of income.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against bankruptcy debtor seeking revocation of the debtor's discharge under 11 U.S.C.S. § 727(d)(1) based on the debtor's fraud.
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Court
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Wolff v. Waverly View Investors LLC (In re RGHGAB at Frederick LLC)
Apr
24
2012
Ruling
Claim of LLC created by owner of LLC that created debtor LLC to purchase secured debtor was not subject to equitable subordination.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant creditors, seeking a determination that a claim one of the creditors filed against an LLC's ("debtor's") bankruptcy estate was subject to equitable subordination under 11 U.S.C.S. § 510(c). The creditor opposed the trustee's action and filed a motion under 11 U.S.C.S. § 362 for relief from the automatic stay.
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Court
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Rosen v. Coggins & Harman P.A. (In re Rood)
Feb
28
2012
Ruling
Alleged fraudulent transfers prior to two-year reach-back period could not be avoided.
Procedural posture
Chapter 7 trustee sued defendant law firm to recover pursuant to 11 U.S.C.S. § 548(a) funds paid to the firm by certain debtors for rent and legal fees for which the trustee argued that the debtors received no reasonably equivalent value, and to avoid a fraudulent conveyance occurring during the three-year period before filing under the Maryland Uniform Fraudulent Conveyances Act (Act), Md. Code Ann., Com. Law § 15-201 et seq. (2003).
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Court
:
- 11 U.S.C.
In re Winston
Feb
16
2012
Ruling
Disgorgement of attorneys' fees ordered to the extent exceeding value of services rendered.
Procedural posture
As a result of several experiences of the court involving the failure of respondent attorney to provide adequate representation of her clients, the court set a hearing to determine whether aspects of this matter should be referred to disciplinary authorities and, pursuant to 11 U.S.C.S. § 329, whether some or all of the fees in debtors' three cases should be disgorged by counsel and refunded to debtors.
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Court
:
- 11 U.S.C.
Brooke Inv. Props. & Rentals Inc. v. Esther Lewis Metro Prop. Mgmt. (In re Lewis)
Dec
14
2011
Ruling
Relief from stay granted for limited purpose of allowing lienholder and insurance adjusters to inspect debtor's damaged property and determine proper payout.
Procedural posture
The holder of a senior lien on certain real estate moved for relief from stay under 11 U.S.C.S. § 362 to allow inspection of the property, allegedly damaged in a storm. Movant's secured interest in the property was created prior to the date on which it was transferred to debtor, an individual who had filed a chapter 13 case. Debtor opposed relief and alleged that she had made four of the eight payments alleged by movant to be in default.
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Court
:
- 11 U.S.C.
In re Light Foot Group LLC
Nov
10
2011
Ruling
Debtor's five tracts of land constituted single asset real estate entitling creditor to relief from stay.
Procedural posture
This case filed under chapter 11 was before the court on the Joint Motion of two banks for a declaration that debtor was a single asset real estate entity subject to 11 U.S.C.S. § 362(d)(3). Debtor opposed the Motion, and at the conclusion of a hearing, at which debtor's manager testified, the court reserved decision.
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Court
:
- FRBP
In re TeleContinuity Inc.
Oct
24
2011
Ruling
Settlement of claims between estate and group of lenders approved in best interests of estate.
Procedural posture
Citing Fed. R. Bankr. P. 9019, movant, the Chapter 7 trustee, asked the court to approve a proposed settlement of controversies and compromise of claims between the estate and a group of lenders (Group). Objector, a creditor that had made a competing offer to purchase estate assets, asked the court to disapprove the proposed settlement with the Group as not being in the best interests of the estate.
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Court
:
- 11 U.S.C.
Srour v. Marra (In re Marra)
Aug
30
2011
Ruling
State court judgment was dischargeable absent establishment of debtor's fraudulent intent.
Procedural posture
Plaintiff creditors sought a ruling that their state court judgment against a Chapter 7 debtor was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
Valle v. Montgomery County (In re Valle)
Jun
17
2011
Ruling
Efforts to enforce parking tickets and fines were within police and regulatory powers exception to stay.
Procedural posture
Chapter 7 debtor filed an amended adversary complaint against defendant creditor county, asserting that the county's postpetition efforts to enforce parking citations and fines therefor, violated the automatic stay. The county argued that the fines were criminal in nature, and were excepted from the automatic stay under 11 U.S.C.S. § 362(b)(1). The parties filed cross-motions for summary judgment.
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Court
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