Judge Gargotta

Lowe v. Kaspar-Wells (In re Wells)

Plaintiff Chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 548(a)(1) to avoid and recover a constructively fraudulent transfer of an interest in real property.
Ruling: 
Transfer of debtor's interest in real property to trust for no value could be avoided.
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Consumer case opionion summary, case decided on February 10,2011, LexisNexis #0311-058

In re Boulder Crossroads LLC

Chapter 11 debtor, a limited liability company that operated a shopping center, filed an objection under 11 U.S.C.S. § 502(b) to a claim submitted by creditor, a law firm that had provided services to the debtor.
Ruling: 
Law firm's claim for fees allowed as reasonable over debtor's objection.
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Commercial case opionion summary, case decided on December 01,2010, LexisNexis #0111-050

McCready v. Becker (In re Becker)

Plaintiff creditor brought an adversary action against defendant debtors. The court previously denied the creditor's motion to compel the debtors to execute waivers authorizing the Social Security Administration (SSA) and a state agency to release information concerning the monetary amounts received by the debtors from these agencies. The creditor filed a Fed. R. Civ. P. 60 Motion to Alter or Amend.
Ruling: 
Section 521(e) provides creditor with means of obtaining debtor's financial information without compelling debtor to execute waivers.
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Consumer case opionion summary, case decided on August 06,2010, LexisNexis #1110-116

In re Schellenberg

Before the court was the Chapter 7 Trustee's Objection to Debtors' Amended Schedule C Property Claimed as Exempt and debtor's Response.
Ruling: 
Debtors could not switch from state to federal exemptions upon conversion from chapter 13 to chapter 7.
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Consumer case opionion summary, case decided on May 07,2010, LexisNexis #0710-099

In re Introgen Therapeutics

Bankruptcy debtors, a biopharmaceutical company and its management subsidiary, proposed a joint plan of liquidation which provided for substantive consolidation of the bankruptcy estates and establishment of a liquidating trust containing the assets of the debtors from which creditors would be paid. Unsecured creditors objected to confirmation of the debtors' plan.
Ruling: 
Chapter 11 plan confirmed over objection of unsecured creditors.
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Commercial case opionion summary, case decided on April 29,2010, LexisNexis #0710-128

Irmakesselring v. Olivarez (In re Olivarez)

A creditor, a former client of the debtor partner's law firm, filed an adversary complaint against the debtor seeking to have her judgment for fraud against another partner held nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as against the debtor, arguing that all partners were jointly and severally liable for the other partner's fraud regardless of their knowledge or culpability and that collateral estoppel applied to the judgment.
Ruling: 
Judgment for fraud based on jury verdict for either misrepresentation or concealment was nondischargeable.
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Consumer case opionion summary, case decided on March 04,2010, LexisNexis #0510-085

Kesserling v. Doyal (In re Doyal)

A creditor, a former client of the debtor partner's law firm, filed an adversary complaint against the debtor seeking to have her judgment for fraud against another partner held nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as against the debtor, arguing that all partners were jointly and severally liable for the other partner's fraud regardless of their knowledge or culpability and that collateral estoppel applied to the judgment.
Ruling: 
Debtor lawyer was liable for nondischargeable judgement against law partner.
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Consumer case opionion summary, case decided on March 04,2010, LexisNexis #0510-086

Ingalls v. SMTC Corp. (In re SMTC Mfg. of Tex.)

Plaintiff chapter 7 trustee, on behalf of the estate of the debtor, a computer component manufacturer, sought to avoid pursuant to 11 U.S.C.S. § 544(b) and the Texas Uniform Fraudulent Transfer Act (TUFTA), Tex. Bus. & Com. Code Ann. §§ 24.005(a)(1), (2) and 24.006(a), certain allegedly fraudulent transfers valued in excess of $ 80 million dollars. Additionally, the trustee requested relief based on corporate veil-piercing theories.
Ruling: 
Trustee could not avoid allegedly fraudulent transfers after failing to prove fraud or alter ego theories.
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Commercial case opionion summary, case decided on September 11,2009, LexisNexis #1009-137

Morse v. Rudler (In re Rudler)

Appellant United States Trustee moved under 11 U.S.C.S. § 707(b)(1) to dismiss appellee chapter 7 debtor's case as abusive and argued that he should not have included the mortgage debt in his calculation of secured debt because he intended to surrender the property and would not be making payments on the mortgages. The bankruptcy court denied the motion and the Bankruptcy Appellate Panel for the First Circuit affirmed. The trustee appealed.
Ruling: 
Bankruptcy court properly allowed debtor to claim deduction for installment payments on property intended for surrender.
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Consumer case opionion summary, case decided on August 05,2009, LexisNexis #0909-012

In re Longoria

On November 18, 2008, came on for hearing the court's Order to Show Cause, ordering a secured creditor, which held a security interest in debtor's automobile, to appear and show cause why it failed to comply with the court's prior Order granting debtor's motion for turnover of property and motion for contempt and sanctions.
Ruling: 
Creditor sanctioned for failure to appear at motion for contempt.
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Consumer case opionion summary, case decided on January 14,2009, LexisNexis #0309-026

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