Judge Goldgar

In re Miller

A bankruptcy trustee filed a motion to dismiss the chapter 13 bankruptcy case filed by the debtors.
Ruling: 
Case ordered dismissed or converted due to unsecured debt in excess of chapter 13 limits.
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Consumer case opionion summary, case decided on May 21,2013, LexisNexis #0613-107

In re Carlsen

Debtor, the ex-husband of the claimant, objected to a $24,881 claim filed by her, which reflected that $13,798 was a priority claim and that the balance, $11,082, was a general unsecured claim. Issues included whether the claim as filed was properly accorded prima facie validity per Fed. R. Bankr. P. 3001.
Ruling: 
Claim by debtor's former spouse based on amounts owed to third parties and non-existent sale proceeds denied.
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Consumer case opionion summary, case decided on March 27,2013, LexisNexis #0613-030

In re Sweports Ltd.

An alleged debtor in an involuntary chapter 11 case filed a motion for relief from the stay pursuant to 11 U.S.C.S. § 362(d) to permit a declaratory judgment action against it to proceed in the district court. Plaintiffs in the district court action objected to the motion.
Ruling: 
Involuntary debtor could not seek relief from stay on behalf of plaintiff in declaratory judgment action for patent infringement.
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Commercial case opionion summary, case decided on August 15,2012, LexisNexis #0912-009

In re Shorebank Corp.

Movants, who were three interested creditors, a personal injury claimant and two former directors of the debtor, filed an emergency motion for a court order directing the United States Trustee to reconstitute the unsecured creditors committee formed for the debtor, or alternatively for other relief.
Ruling: 
Emergency motion to reconstitute official committee of unsecured creditors denied.
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Commercial case opionion summary, case decided on March 12,2012, LexisNexis #0512-094

SG & Co. Northeast LLC v. Good

Plaintiff, an LLC that declared chapter 11 bankruptcy, filed an adversary proceeding in the U.S. Bankruptcy Court for the Southern District of New York, seeking a determination that it was entitled to recover the proceeds of a trust its former CEO created before he died. The court transferred the case to the Northern District of Illinois where defendants, the CEO's widow and a trust company, filed a motion to dismiss.
Ruling: 
Bankruptcy court lacked jurisdiction over debtor LLC's proceeding to recover former CEO's trust proceeds after plan creating liquidating trust was confirmed.
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Commercial case opionion summary, case decided on November 21,2011, LexisNexis #1211-099

In re Brent

An attorney for bankruptcy debtors in hundreds of cases represented that the attorney and the debtors entered into flat-fee agreements using the bankruptcy court's form agreement, and the attorney and the debtors also executed addenda which allowed the attorney to charge additional fees. The attorney was ordered to show cause why he should not be sanctioned pursuant to Fed. R. Bankr. P. 9011 for making misrepresentations to the court.
Ruling: 
Attorney sanctioned for entering into flat fee agreements using modified version of court form.
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Consumer case opionion summary, case decided on September 29,2011, LexisNexis #1111-101

In re marchFirst Inc.

Debtors, a corporation and affiliated entities, declared chapter 11 bankruptcy in April 2001, and after their cases were converted to cases under chapter 7 of the Bankruptcy Code, a finance company filed requests for payment of administrative expenses pursuant to 11 U.S.C.S. § 503 in October 2001 and submitted amended requests in December 2002. The chapter 7 trustee filed objections to the amended requests.
Ruling: 
Finance company's administrative expense claim disallowed as untimely.
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Commercial case opionion summary, case decided on April 08,2011, LexisNexis #0511-032

In re Adolph

A creditor filed a motion to dismiss a debtor's chapter 7 case under 11 U.S.C.S. § 707(a) and (b) on the ground that the case was filed in bad faith.
Ruling: 
Motion to dismiss for bad faith denied as untimely filed.
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Consumer case opionion summary, case decided on January 28,2011, LexisNexis #0211-091

Wachovia Secs. V. Jahelka (In re Jahelka)

Chapter 11 debtor filed a motion to dismiss the amended complaint of plaintiff creditor, pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6), made applicable to adversary proceedings by Fed. R. Bankr. P. 7009 and 7012(b). The creditor, a securities dealer, asserted that the debt created by the debtor's corporation's margin account was nondischargeable under 11 U.S.C.S. §§ 523(a)(2), (4), and (6), and 727(a).
Ruling: 
Debt created by debtor corporation's margin account was not dischargeable absent particular evidence of fraud.
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Consumer case opionion summary, case decided on October 27,2010, LexisNexis #0211-020

Goldstein v. National City Mortg. Co. (In re Bulgarea)

Before the court for ruling was chapter 7 trustee's motion for partial summary judgment on her adversary complaint against defendant, a first mortgagee. The complaint sought to avoid the first mortgage that the mortgagee held on debtor's residence. The complaint also alleged a claim against another defendant, a second mortgagee, requiring it to "prove up" the amount of its second mortgage on debtor's residence.
Ruling: 
Mortgage not recorded where property was located could be avoided.
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Consumer case opionion summary, case decided on September 09,2010, LexisNexis #1010-021

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