Judge Goldgar

Thompson v. GMAC (In re Thompson)

Following a repossesion, plaintiff debtor filed an adversary proceeding against defendant creditor seeking turnover of his vehicle under 11 U.S.C.S. § 542(a).
Ruling: 
Debtor not entitled to turnover of repossessed vehicle without providing adequate protection payments.
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Consumer case opionion summary, case decided on May 23,2008, LexisNexis #0708-022

In re Saffrin

The chapter 13 trustee objected to confirmation of the debtors'proposed plan arguing that they were not devoting all of their projected disposable income to the plan because their calculation of disposable income deducted payments for their daughter's college expenses. The debtors argued that the deduction was permissible because the expenses were necessary for the health and welfare of the family.
Ruling: 
College expenses could not be deducted from disposable income calculation as "other necessary expenses."
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0208-011

In re Burmeister

The debtors moved for confirmation of their proposed chapter 13 plan. The standing chapter 13 trustee objected, arguing that the debtors were not devoting all of their projected disposable income to the plan because their calculation of disposable income deducted mortgage payments that they had stopped making on a home that they intend to surrender. The trustee added that the amended plan therefore was not proposed in good faith.
Ruling: 
Debtors properly included "contractually due" mortgage payments on property intended for surrender in disposable income calculation.
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Consumer case opionion summary, case decided on November 16,2007, LexisNexis #1207-083

In re South Beach Secs. Inc.

The U.S. Trustee objected to the confirmation of a chapter 11 debtor's plan on the grounds that no impaired, non-insider creditor class had accepted the plan, as 11 U.S.C. § 1129(a)(10) required, and that the principal purpose of the plan was avoidance of taxes in violation of section 1129(d).
Ruling: 
Corporate shell debtor with insider as sole creditor denied plan confirmation.
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Commercial case opionion summary, case decided on November 01,2007, LexisNexis #1107-104

In re Hopkins

The debtor moved for confirmation of her chapter 13 plan. Creditor filed an objection.
Ruling: 
Neither payments nor interest rates for secured debts on "910" vehicles are dependent on original contract but rather determined by plan and Till rate of interest.
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In re International Zinc Coatings & Chem. Corp.

Chapter 7 debtor filed a motion to dismiss its bankruptcy case pursuant to 11 U.S.C. § 305(a)(1).
Ruling: 
Voluntary dismissal granted where continuation would not benefit debtor or creditors.
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Hodges v. CIT Group (In re Hodges)

Defendant mortgagee filed a motion for judgment on the pleadings against plaintiff debtor after debtor filed an adversary complaint for an order rescinding his mortgage with defendant based on federal and state statutory violations he claimed occurred when the loan was made. At issue was whether the court lacked jurisdiction by reason of the Rooker-Feldman doctrine.
Ruling: 
Rooker-Feldman doctrine did not deprive bankruptcy court of jurisdiction in adversary proceeding relating to state foreclosure judgment that was not final.
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In re Rey

The unsecured creditors filed a motion to convert the debtors'substantially consolidated chapter 11 bankruptcy case to a chapter 7 case for cause under 11 U.S.C. § 1112(b); to dismiss the case; or to appoint a chapter 11 trustee.
Ruling: 
Chapter 11 case converted to chapter 7 due to debtor's inability to fund or confirm plan.
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Federalpha Steel LLC Creditors Trust v. Fed. Pipe & Steel Corp. (In re Federalpha Steel LLC)

Plaintiff, an unsecured creditors'trust created by a confirmed plan of a bankruptcy debtor which was a limited liability company, brought an adversary proceeding against defendants, a former member of the debtor and related entities and individuals, asserting fraudulent and preferential transfer claims and claims under state law. Defendants moved to dismiss and for abstention.
Ruling: 
Court ruled it lacked jurisdiction over state law claims that were not related to debtor's case and abstained on fraudulent transfer claim since such claim duplicated state court issue.
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Schechter v. 5841 Bldg. Corp. (In re Hansen)

Plaintiff, the chapter 7 trustee, filed an adversary proceeding under 11 U.S.C. § 548 against defendants, a corporation that was the transferee of debtor's payments, the subsequent recipient of the payments, and the president of both of those entities, to recover debtor's payments as fraudulent transfers. Following the close of discovery, the entities' president moved for summary judgment.
Ruling: 
President of a corporate transferee of debtor payments was granted summary judgment on fraudulent transfer claim since the president was not the "initial transferee" and did not benefit from the transfer.
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