Northern District

In re Miotto

The matter was before the court on the motion to dismiss the chapter 13 petition brought by the chapter 13 trustee for debtor's failure to comply with 11 U.S.C. § 109(h)(1). In response, debtor filed a motion to waive the counseling requirement.
Ruling: 
Debtor was denied a motion to waive the prefiling credit counseling requirement since the debtor failed to file a counseling certification and describe the circumstances of any potential exigent circumstances.
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NSC Creditor Trust v. BSI Alloys Inc. (In re Natl Steel Co.)

Plaintiff trust brought an adversary proceeding against defendant contractor, seeking to avoid, as preferences, prepetition payments made by the chapter 11 debtor. The contractor asserted a new value defense under 11 U.S.C. § 547(c)(4) and an ordinary court defense under 11 U.S.C. § 547(c)(2). The trust moved for summary judgment as to three transfers. The contractor also moved for summary judgment.
Ruling: 
Avoidance of prepetition payments was denied since the transfers were deemed made in the ordinary course of business.
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Pearson v. Howard (In re Howard)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, an attorney, seeking a declaration that the attorney's judgment debt to the creditor for legal malpractice was not dischargeable under 11 U.S.C. § 523 based on fraud, false representation, fiduciary defalcation, and willful and malicious conduct. The bankruptcy court conducted a trial.
Ruling: 
Attorney debtor's judgment debt was deemed nondischargeable since attorney debtor's conduct constituted a fidudiary defalcation.
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In re Rybka

A chapter 7 case was before the court on the final report and account of the chapter 7 trustee, the trustee's application for compensation for her services as trustee under 11 U.S.C. §§ 326 and 330, and the application for compensation of her attorneys under 11 U.S.C. § 330. The Trustee sought fees totaling $8,848. Debtor objected to the amount of fees for the trustee, and to the fees and expenses of the trustee's attorneys.
Ruling: 
Court allowed the trustee's fees though not in the full amount due to the trustee's imprecise figures.
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Chase Manhattan Mortg. Corp. v. Shapiro (In re Lee)

Appellant creditor challenged the decision entered by the bankruptcy court, which granted summary judgment in favor of appellee trustee, in an adversary proceeding. The trustee moved for judgment upon his claim to avoid the creditor's mortgage as a preferential transfer under 11 U.S.C. § 547.
Ruling: 
Creditor's refinance mortgage was deemed not preferential since under the earmarking doctrine the debtor's estate was valued the same before and after the refinance transaction.
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Fetlas Trading Post Inc. v. Granet (In re Fetlas Trading Post Inc.)

Plaintiffs, chapter 11 debtors, filed an adversary proceeding against six defendants, three financial companies and three individuals, alleging inter alia, (Count I) preferential payments pursuant to 11 U.S.C. § 547(b), and (Count II) fraudulent transfers under 11 U.S.C. § 548. The matters were before the court on one of the individual defendant's motion to withdraw admissions, and on debtors'motion for partial summary judgment on Counts I and II.
Ruling: 
Court granted debtors partial summary judgment against all but one defendant in an adversary proceeding by finding transfers to these defendants to be avoidable preferential transfers.
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Ostlund v. Isfan (In re Isfan)

Plaintiff, the victim of defendant debtor's misrepresentations, brought an adversary complaint against debtor, the president of a construction company, pursuant to 11 U.S.C. § 523(a)(2)(A). The matter was before the court for decision.
Ruling: 
Debt was deemed nondischargeable due to the debtor's intent to defraud.
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Merritt v. Rizzo (In re Rizzo)

In defendant debtor's chapter 11 proceeding, plaintiff creditor filed an adversary complaint against the debtor alleging that the state court defamation judgment the creditor had obtained against the debtor was non-dischargeable under 11 U.S.C. § 523(a)(6). The matter was tried before the court.
Ruling: 
Court held that a defamation judgment against the debtor was dischargeable since the debtor believed the debtor's statement was true and thus did not inflict a willful and malicious injury.
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In re Slocum Lake Drainage Dist.

The debtor, a county drainage district located in the State of Illinois petitioned for bankruptcy relief pursuant to chapter 9. The movant creditor sought dismissal of the petition pursuant to 11 U.S.C. § 921(c), because it contended that the debtor was not authorized under Illinois law to file a petition under chapter 9, as required by 11 U.S.C. § 109(c)(2).
Ruling: 
Debtor's case was dismissed since the debtor was not authorized under Illinois law to file a petition under chapter 9.
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In re Habash

Appellant creditor filed an adversary complaint to revoke appellee debtor's chapter 7 discharge in the bankruptcy court. The bankruptcy court dismissed the complaint with prejudice and the creditor appealed.
Ruling: 
Proceeding for revocation of discharge properly dismissed as untimely where creditor should have been capable of filing within time limits.
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