Judge Isgur

Collins. v. Sydow (In re NC12 Inc.)

After defendants, individuals alleged to have misappropriated assets of debtor, a Nevada corporation, removed the within case from state court, plaintiffs, who were shareholders in debtor who had sued defendants in state court for breach of fiduciary duty and similar claims, moved to remand to state court. Plaintiffs thus joined intervenors, who also were asserting such claims against defendants, in seeking to return the case to state court.
Ruling: 
Intervenors' security fund claims for misappropriation of debtor's assets remanded to state court.
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Commercial case opionion summary, case decided on August 30,2012, LexisNexis #1212-098

Joekel v. Ray (In re Ray)

Plaintiff creditors filed a complaint against defendant chapter 7 debtors objecting to their discharge pursuant to 11 U.S.C.S. § 727(a)(3).
Ruling: 
Discharge denied due to debtor's destruction of documents.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #0912-092

Guion v. Sims (In re Sims)

Plaintiff creditors filed a complaint against defendant chapter 7 debtor seeking a determination that a state court judgment against the debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6).
Ruling: 
State court fraud judgment entered due to debtor's discovery abuse was "fully and fairly litigated" and nondischargeable.
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Consumer case opionion summary, case decided on August 27,2012, LexisNexis #0912-080

South Tex. Funding Group L.P. v. Mortgage Fund 08 LLC (In re Loans LLC)

After plaintiff filed a state court action, one defendant, a chapter 11 debtor, removed that lawsuit to the bankruptcy court and filed a motion to transfer it to the Northern District of Texas. Plaintiff filed a motion to remand, arguing that the notice of removal was not timely under Fed. R. Bankr. P. 9027(a)(2).
Ruling: 
Motion for removal was timely where stay was still in effect.
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Commercial case opionion summary, case decided on August 08,2012, LexisNexis #0812-140

In re Bison Bldg. Holdings Inc.

Before the court was a creditor's motion to allow late filing of proof of claim (POC).
Ruling: 
Late filing of proof of claim denied where creditor's failure to receive notice of bar date was due to its own failure to provide debtor with correct address and not excusable neglect.
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Commercial case opionion summary, case decided on August 03,2012, LexisNexis #0912-034

Tiger Trading Inc. v. HDD Rotary Sales LLC (In re HDD Rotary Sales LLC)

Plaintiff creditor brought an adversary proceeding seeking a declaration that it owned a 30 percent interest in certain technology and a pending patent. Defendant debtor denied the ownership claim, and asserted by counterclaim that the creditor had breached the same contract under which the alleged ownership rights arose by failing to pay its share of the development costs. Creditor moved to dismiss the counterclaim.
Ruling: 
Counterclaim by debtor in adversary proceeding was akin to affirmative defense of recoupment and survived confirmation.
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Commercial case opionion summary, case decided on July 17,2012, LexisNexis #0812-061

In re R&K Fabricating

Plaintiff chapter 11 Trustee moved for summary judgment on his declaratory judgment preference claim against defendant. The Trustee alleged that defendant's liens were avoidable under 11 U.S.C.S. § 547 because they were recorded within the 90-day preference period.
Ruling: 
Preference period judgment against debtor's property while debtor was insolvent could be avoided.
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Commercial case opionion summary, case decided on June 11,2012, LexisNexis #0712-057

Nichols v. Pena (In re Pena)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that the debtors were not eligible under 11 U.S.C.S. § 727(a)(2), (a)(4), (a)(5) to have their debts discharged. The case was tried to the court.
Ruling: 
Discharge denied due to debtor's false oaths and failure to turn over documents.
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Consumer case opionion summary, case decided on June 08,2012, LexisNexis #0712-060

Posinski v. Sisney (In re Sisney)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a judgment debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2) based on the debtor's fraud. The creditor moved for summary judgment.
Ruling: 
Debt for conversion of motor vehicle was nondischargeable.
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Consumer case opionion summary, case decided on March 08,2012, LexisNexis #0412-048

Ford Motor Credit Co. LLC v. Franceschini (In re Franceschini)

Plaintiff, a secured creditor that financed the wholesale purchase of vehicle inventory for an auto dealership that was operated by defendant chapter 7 debtor, who was also a guarantor of the debt, brought an adversary proceeding to except the guaranteed debt from discharge under 11 U.S.C.S. § 523(a)(6) for willful and malicious injury.
Ruling: 
Transfers of secured vehicle inventory financer's cash collateral resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on January 12,2012, LexisNexis #0612-119

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