Judge Curley

In re Roca

Plaintiff trustee filed an adversary proceeding for relief from an allegedly fraudulent transfer by debtor, an individual who filed a chapter 7 case, to defendant, debtor's elderly mother. At issue was whether plaintiff had established a right to relief under 11 U.S.C.S. § 548(a)(1) or 11 U.S.C.S. § 544(b) as well as the effect, if any, of Arizona's uniform fraudulent transfer act, Ariz. Rev. Stat. § 44-1001 on the parties' respective rights.
Ruling: 
Trustee entitled to recover one-half interest in property fraudulently transferred by debtor to elderly mother.
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Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-066

In re Prods. Intl Co.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and operated as a debtor-in-possession. Five months after it filed its petition, the debtor filed a motion to dismiss its bankruptcy action, pursuant to 11 U.S.C.S. § 1112(b). A person (part owner) who owned an interest in the debtor opposed the debtor's motion and filed a cross-motion for appointment of a chapter 11 trustee.
Ruling: 
Voluntary dismissal denied and chapter 11 trustee appointed due to improper transfers by majority owners to other entities they controlled.
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Commercial case opionion summary, case decided on September 02,2008, LexisNexis #1108-047

In re Watkins

The United States Trustee asserted that bankruptcy debtors, in calculating their monthly disposable income, improperly claimed vehicle ownership expenses for vehicles which they owned free and clear of liens, and expenses for repayment of a loan from an employee retirement plan. The Trustee moved to dismiss the debtors' case under 11 U.S.C.S. § 707(b)(2)(A) based on the presumption of abuse of chapter 7 bankruptcy.
Ruling: 
Debtor not entitled to standard vehicle ownership expense deduction for vehicles owned free and clear.
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Consumer case opionion summary, case decided on June 18,2008, LexisNexis #0708-124

In re McLaughlin

The debtors filed a motion for citation of contempt and for the assessment of sanctions against a creditor for willfully violating the automatic stay in violation of 11 U.S.C. § 362(k).
Ruling: 
Creditor sanctioned for calling and harassing debtors in willful violation of stay.
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Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-112

Reaves v. Comerica Bank-California (In re GTI Capital Holdings)

Defendant, a secured creditor of chapter 7 debtor, filed a motion for summary judgment in an action brought by plaintiff chapter 7 trustee, alleging that the creditor's late filing of UCC-1 Financing Statements constituted a preference or a fraudulent conveyance that should be avoided and recovered for the benefit of the estate pursuant to 11 U.S.C. §§ 544(b) and 548. The trustee filed a cross motion for summary judgment.
Ruling: 
Collateralization of antecedent debt conferred new reasonably equivalent value upon debtor for transfer of interest in property.
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In re White

Chapter 13 debtor filed a motion for sanctions against a creditor for a violation of the automatic stay pursuant to 11 U.S.C. § 362(k).
Ruling: 
Failure of creditor to return vehicles repossessed postpetition immediately upon receiving notice of bankruptcy violated stay.
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Micko v. Student Loan Fin. Corp. (In re Micko)

Plaintiff debtor filed a complaint for declaratory relief to determine the dischargeability of his student loan obligations to defendant creditor, a student loan financing corporation, under 11 U.S.C. § 523(a)(8).
Ruling: 
Student loan did not need to be federally administered to be nondischargeable.
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In re Kush

Creditor, the former wife of chapter 7 debtor, filed a complaint seeking to have certain debt excepted from discharge pursuant to 11 U.S.C. § 523(a)(15).
Ruling: 
Tax indemnification obligation incurred in connection with divorce remained nondischargeable despite subsequent refinance.
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Kelly v. Alter (In re Alter)

Plaintiff creditors, debtor's mother and stepfather, commenced an adversary proceeding against defendant debtor to determine whether a debt due and owing to them was nondischargeable under 11 U.S.C. § 523(a)(2)(A), pursuant to which a monetary debt was nondischargeable to the extent obtained by false pretenses, a false representation, or actual fraud.
Ruling: 
Debtor's recording of deed of trust in favor of girlfriend was intended to defraud creditors and resulted in nondischargeable debt.
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In re Summers

The chapter 7 trustee filed an objection to the debtors'claimed homestead exemption. The issues were: (1) whether 11 U.S.C. § 522(p) applied given Arizona's exemption statute, Ariz. Rev. Stat. § 33-1101, and (2) the proper application of the "safe harbor" provision of 11 U.S.C. § 522(p)(2)(B).
Ruling: 
Debtors were entitled to $125,000 homestead exemption since section 522(p) applied.
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