Judge Fulton

Moffitt v. Massachusetts Dept of Revenue (In re Moffitt)

Ruling: 
State tax debts were nondischargeable where debtor failed to file proper returns.
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Consumer case opionion summary, case decided on September 27,2013, LexisNexis #1013-114

Moffitt v. United States (In re Moffitt)

Ruling: 
Form 1040 filed five years late after IRS had determined tax was not a "return" and debt was nondischargeable.
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Consumer case opionion summary, case decided on June 28,2013, LexisNexis #0813-083

Morris v. U.S. Dept. of Agric. Rural Hous. Serv. (In re Morris)

Plaintiff chapter 7 debtor filed a complaint against defendant, the U.S. Department of Agriculture Rural Housing Service (the agency), seeking to recover under 11 U.S.C.S. § 553(b) amounts set off by the agency. The debtor moved for summary judgment, seeking the return of the amount set off, while the United States moved for summary judgment seeking to return only $519.19 to the debtor.
Ruling: 
U.S. agency ordered to turn over setoff of tax refund only to extent it improved its position in preference period and after close of tax year.
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Consumer case opionion summary, case decided on June 19,2013, LexisNexis #0713-058

Crocker v. Abad (In re Abad)

United States Trustee (UST) sought a denial of debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A) and 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to false statements regarding tax filing and refund at creditors' meeting.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-093

In re Pertuset

Chapter 12 debtors appealed from adverse orders of the United States Bankruptcy Court for the Southern District of Ohio, asserting that debtors' objection to the creditors' proofs of claim stripped the claims of their presumptive validity pursuant to 11 U.S.C.S. § 502(a); and that the creditors had standing to file claims and seek relief in the debtors' proceeding, resulting in the dismissal of debtors' case.
Ruling: 
Denial of confirmation and dismissal due to multiple indicia of bad faith affirmed.
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Consumer case opionion summary, case decided on December 18,2012, LexisNexis #0113-032

Riley v. United States Dept of Agric. Rural Dev. (In re Riley)

Chapter 7 debtors filed a motion for summary judgment in their adversary proceeding against defendant United States, on behalf of its agency, the United States Department of Agriculture, Rural Housing Service (USDA RHS), seeking a turnover of a federal income tax refund intercepted by USDA RHS as an offset pursuant to 11 U.S.C.S. § 553(a) to monies owed by the debtors.
Ruling: 
Turnover of intercepted tax refund granted as USDA RHS had improved its position during look back period and could not exercise right of setoff.
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Consumer case opionion summary, case decided on June 07,2012, LexisNexis #0712-058

Rossi v. Westenhoefer (In re Rossi)

Debtors sought review of an order from the Bankruptcy Court for the Eastern District of Kentucky, which sustained the chapter 7 trustee's objection to the debtors' amended claim of exemptions under Fed. R. Bankr. P. 1009, and an order denying debtors' motion to continue to employ counsel to represent them in state court litigation against their insurer with respect to that property.
Ruling: 
Order sustaining trustee's objection to amended claim of exemption reversed to allow debtor to present evidence regarding valuation.
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Consumer case opionion summary, case decided on March 20,2012, LexisNexis #0412-068

In re Ingram

The United States Bankruptcy Court for the Northern District of Ohio dismissed a chapter 13 bankruptcy case without prejudice pursuant to 11 U.S.C.S. § 1307 because of the debtor's failure to complete mandatory prepetition credit counseling prior to filing his petition, as required by 11 U.S.C.S. § 109(h)(1). It denied the debtor's motion seeking reconsideration of that order. The debtor appealed.
Ruling: 
Case properly dismissed for failure to complete mandatory credit counseling.
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Consumer case opionion summary, case decided on December 16,2011, LexisNexis #0112-036

Cousin Props. v. Treasure Isles HC Inc. (In re Treasure Isles HC Inc.)

Appellant, an agent for a lessor, sought review of an order from the United States Bankruptcy Court for the Eastern District of Kentucky, which held that the deadline set forth in 11 U.S.C.S. § 365(d)(4) for assuming a nonresidential real property lease was satisfied upon appellee Chapter 11 debtor filing a motion to assume the lease.
Ruling: 
Filing of motion to assume lease properly held to satisfy deadline.
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Commercial case opionion summary, case decided on September 29,2011, LexisNexis #1111-075

Hubbard v. Stony Point Land Inc. (In re Stoney Point Land Inc.)

Plaintiff purchasers sought to terminate a real estate contract with defendant, a Chapter 11 debtor, and to obtain a refund of their deposit. The debtor sought an order compelling the purchasers to specifically perform their obligations under the contract.
Ruling: 
Bankruptcy appellate panel ordered specific performance of real estate contract by purchasers of debtor's property.
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Commercial case opionion summary, case decided on February 24,2011, LexisNexis #0311-106

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