Judge Barry

Gomez v. Wells Fargo Bank (In re Gomez)

Plaintiff bankruptcy debtors brought an adversary proceeding against creditor seeking a declaration that an agreement whereby the debtors reaffirmed their debt to the creditor secured by the debtors' home was null and void based on lack of compliance with the statutory requirements of 11 U.S.C.S. § 524.
Ruling: 
Reaffirmation agreement was valid despite failure to separate fees and costs or provide repayment schedule.
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Consumer case opionion summary, case decided on May 24,2012, LexisNexis #0712-023

Conine v. Foster (In re Foster)

Judgment creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that a judgment she obtained in state court was nondischargeable under 11 U.S.C.S. § 523, and a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(B), (a)(3), and (a)(4)(A) to have his debts discharged. The creditor withdrew her claim under § 523, and her claims under § 727 were tried to the court.
Ruling: 
Discharge denied due to debtor's failure to omissions from schedules.
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Consumer case opionion summary, case decided on April 20,2012, LexisNexis #0512-135

In re Caterbone

Appellant debtor's Chapter 11 bankruptcy petition was dismissed. The debtor filed an untimely appeal. The appeal was docketed, and the U.S. District Court for the Eastern District of Pennsylvania dismissed the appeal for failing to comply with Fed. R. Bankr. P. 8002(a). The debtor appealed. The trustee moved to dismiss the appeal because the appeal from the bankruptcy court's order was untimely.
Ruling: 
Circuit court lacked jurisdiction to hear appeal of district court dismissal of untimely appeal.
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Consumer case opionion summary, case decided on April 04,2011, LexisNexis #0411-140

In re Giles

Bankruptcy debtors claimed a homestead exemption in real property upon which was located the debtors' residence and four rental storage units, and a creditor asserted that the portion of the property containing the storage units was used for business and thus abandoned as part of the homestead. The creditor objected to the debtor's claimed exemption in the entire property.
Ruling: 
Use of portion of real property for family operated business did not invalidate debtors' homestead exemption.
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Consumer case opionion summary, case decided on January 06,2011, LexisNexis #0211-080

In re Rodriguez

Appellant Chapter 13 debtors filed a motion in bankruptcy court to enforce the automatic stay under 11 U.S.C.S. § 362(a) against appellee creditor. The bankruptcy court denied the motion, finding that the creditor did not violate the stay, and the United States District Court for the District of New Jersey affirmed. The debtors appealed.
Ruling: 
Finding that creditor's assessment of higher postpetition escrow payments did not violate stay reversed and remanded for determination of willfulness.
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Consumer case opionion summary, case decided on December 23,2010, LexisNexis #0111-074

In re Kane

Debtor filed a motion in his chapter 13 bankruptcy proceeding to expunge appellee wife's claim with prejudice. The bankruptcy court expunged the claim without prejudice to refiling an equitable distribution claim. The United States District Court for the District of New Jersey affirmed. The debtor appealed.
Ruling: 
Equitable distribution claim that was abandoned by trustee could be pursued in spouse's bankruptcy.
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Consumer case opionion summary, case decided on December 21,2010, LexisNexis #0111-055

Lewis v. Spivey (In re Spivey)

Creditors filed a complaint against chapter 7 debtors individually and as members of a limited liability company (LLC) to determine the dischargeability of debts under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The debtors moved to dismiss the 11 U.S.C.S. § 523(a)(4) cause of action for lack of standing.
Ruling: 
Debtor's use of management fees without assent of other LLC members while making false assurances resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 22,2010, LexisNexis #1210-117

In re Green

In a chapter 7 case, the trustee filed an objection to the debtor's claimed exemptions under 11 U.S.C.S. § 522(d)(10)(D). The trustee also filed a motion for turnover of payments on account of past due child support.
Ruling: 
Objection to claimed exemption in child support judgment overruled due to lack of evidence.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0410-116

In re Weathers

Bankruptcy debtors claimed as exempt a portion of their homestead property, which was subject to a restrictive covenant against division of the property, and the debtors offered to purchase the nonexempt portion of the property. Creditors objected to the claimed exemption.
Ruling: 
Debtor's homestead exemption allowed provided debtor paid trustee for nonexempt portion of debt.
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Consumer case opionion summary, case decided on December 04,2009, LexisNexis #0110-014

Vinson v. Cozart (In re Cozart)

Plaintiff homebuyers filed a complaint to determine the dischargeability of certain debts against defendant/debtor, a homebuilder. The buyers sought a ruling that the builder's debt to them was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A), as well as other rulings.
Ruling: 
Debt based on debtor builder's fraudulent inducement of creditors to purchase a materially defective home was nondischargeable.
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Consumer case opionion summary, case decided on September 11,2009, LexisNexis #1009-120

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