Judge Gargotta

Collins v. Johnson (In re Johnson)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The creditor moved for summary judgment on those claims and also sought relief under § 727(a)(2)(B), (a)(3), (a)(4)(D), and (a)(7).
Ruling: 
Discharge denied due to omission sufficient to support finding of fraudulent intent.
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Consumer case opionion summary, case decided on August 14,2012, LexisNexis #0912-021

In re Reives

A chapter 13 debtor filed a motion to avoid a lien against his homestead pursuant to 11 U.S.C.S. § 522(f). The lien was granted by decree in a county district court to secure a judgment in favor of the debtor's ex-spouse to reimburse her for improvements on the land made with her separate property funds.
Ruling: 
Judgment lien in favor of debtor's former spouse avoided to extent attaching to property in which debtor held prepetition interest.
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Consumer case opionion summary, case decided on July 18,2012, LexisNexis #0812-015

American Natl Ins. Co. v. Bossier (In re Bossier)

Plaintiff creditor filed a complaint to determine the dischargeability of debt owed it by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4).
Ruling: 
Debt was dischargeable as failure to return unearned insurance commission did not constitute embezzlement.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-051

Crescent Res. Litig. Trust v. Fields (In re Crescent Res. LLC)

Trustee of a liquidation trust created by a bankruptcy debtor's plan brought an adversary proceeding against defendant transferee seeking to avoid bonuses paid to the transferees as fraudulent transfers under state law. The trustee moved to certify for direct or interlocutory appeal under 28 U.S.C.S. § 158 the order dismissing the trustee's claims for lack of standing.
Ruling: 
Certification of appeal of dismissal of trustee's avoidance proceeding for lack of standing denied.
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Commercial case opionion summary, case decided on March 02,2012, LexisNexis #0312-136

Crescent Res. Litig. Trust v. Nexen Pruet LLC (In re Crescent Res. LLC)

Plaintiff Trust (the Trust) filed a Complaint for Avoidance and Recovery of Avoidable Transfers alleging that the chapter 11 debtors made preferential transfers to defendant in violation of 11 U.S.C.S. § 547 as well as fraudulent transfers in violation of 11 U.S.C.S. § 548. Defendant filed a motion to dismiss.
Ruling: 
Preference proceeding dismissed absent sufficient allegations of antecedent debt.
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Commercial case opionion summary, case decided on January 23,2012, LexisNexis #0212-127

In re UTEX Communs. Corp.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and operated its business as a debtor in possession. A communications company filed a claim against the debtor's bankruptcy estate, in the amount of $9,570,642, and the debtor filed an objection to the creditor's claim. The parties filed cross-motions for summary judgment on the creditor's claim and the debtor's objection.
Ruling: 
Communications company entitled to administrative expense claim for services provided that kept debtor in business.
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Commercial case opionion summary, case decided on September 21,2011, LexisNexis #1211-009

Randall v. Atkins (In re Atkins)

Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727 and nondischargeability of debts to the creditors under 11 U.S.C.S. § 523 based on the debtor's misappropriation of proceeds of loans from the creditors intended for the debtor's scooter business.
Ruling: 
Discharge denied due to debtor's misappropriation of loan proceeds intended for debtor's scooter business.
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Consumer case opionion summary, case decided on September 01,2011, LexisNexis #1011-021

In re Crescent Res. LLC

A litigation trust under bankruptcy debtors' plan sought to obtain client files of a law firm which allegedly represented the debtors before, during, and after a transaction in which the debtors borrowed money which was then transferred to the former parent company of the debtors from a new entity in exchange for the parent's equity interests in the debtors. The trust moved for turnover of the client files pursuant to 11 U.S.C.S. § 542(e).
Ruling: 
Debtor's law firm ordered to turn over files relating to transaction with former parent company that allegedly rendered debtor insolvent.
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Commercial case opionion summary, case decided on July 22,2011, LexisNexis #0811-121

In re Seda France Inc.

Debtor corporation filed a petition under Chapter 11 of the Bankruptcy Code, and a creditor filed an unsecured claim against the debtor's bankruptcy estate which included a request for payment of attorneys' fees and costs it incurred postpetition. The debtor filed an objection to the creditor's request for payment of postpetition attorneys' fees and costs.
Ruling: 
Unsecured creditors are not entitled to recover postpetition attorneys' fees.
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Commercial case opionion summary, case decided on July 22,2011, LexisNexis #0811-114

Century 21 Real Estate LLC v. Gharbi (In re Gharbi)

Plaintiff LLC filed an adversary proceeding against defendant Chapter 7 debtor, claiming that the debtor violated the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C.S. § 1125(d), and committed trademark infringement. The LLC asked the court for an award of statutory damages and attorneys' fees under 15 U.S.C.S. § 1117(d), and a determination that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Debt based on violation of Anticybersquatting Consumer Protection Act was nondischargeable.
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Consumer case opionion summary, case decided on March 03,2011, LexisNexis #0411-058

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