Judge Jaroslavsky

In re Schauer

A claimant filed a proof of claim on behalf of the custodian of his Individual Retirement Account (creditor). He moved the court for allowance of his claim under 11 U.S.C.S. § 726(a)(2)(C), arguing that he did not have notice or actual knowledge in time to file a timely claim. The Trustee and a bank objected.
Ruling: 
Creditor with actual notice and knowledge of bankruptcy filing could not file a late proof of claim.
ABI Membership is required to access the full summary of In re Schauer. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 21,2012, LexisNexis #1212-056

In re Nguyen

After denying the chapter 7 debtors a discharge, the court ordered their attorney to appear and show cause why his fees should not be returned, why he should not pay a monetary fine, why he should not be suspended from practice until he completed remedial education requirements, and why he should not be permanently enjoined from allowing the terrible office practices he employed to continue.
Ruling: 
Attorney fined and referred to disciplinary body for "horrific" omissions in schedules that were never signed by debtors.
ABI Membership is required to access the full summary of In re Nguyen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 02,2010, LexisNexis #0610-137

Chase Bank v. Kavanaugh (In re Kavanaugh)

Plaintiff creditor filed an adversary proceeding against defendant, one of the chapter 7 debtors in this case, alleging nondischargeability of a debt under 11 U.S.C.S. § 523(a)(14A). The creditor later dismissed the complaint pursuant to Fed. R. Civ. P. 41(a)(1)(A), made applicable by Fed. R. Bankr. P. 7041. Debtor then filed a motion to recover her attorneys' fees.
Ruling: 
Debtor not entitled to attorneys' fees for voluntarily dismissed nondischargeability proceeding brought under section 523(a)(14).
ABI Membership is required to access the full summary of Chase Bank v. Kavanaugh (In re Kavanaugh). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2010, LexisNexis #0610-122

In re Straightline Invs. Inc.

Before the court were applications for compensation by the attorney for the bankruptcy estate ("Attorney A") while debtor was debtor in possession pursuant to 11 U.S.C.S. § 1107. Also pending were the application of the chapter 7 trustee and her counsel.
Ruling: 
Attorney for chapter 11 estate allowed fees less unaccounted for retainer.
ABI Membership is required to access the full summary of In re Straightline Invs. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 08,2009, LexisNexis #1009-104

Razmek v. Pollace (In re Pollace)

Creditors filed an adversary proceeding seeking a nondischargeable judgment against debtors for fraud, pursuant to 11 U.S.C.S. § 523(a)(2).
Ruling: 
Debtor's real estate agents' false representation to home buyers that deck did not violate setbacks resulted in nondischargeable debt.
ABI Membership is required to access the full summary of Razmek v. Pollace (In re Pollace). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 19,2009, LexisNexis #0509-116

In re Harter

The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3) alleging bad faith and that the totality of the circumstances demonstrated abuse. The UST contended that the debtor showed an abusive spending pattern before the filing. Her "totality of the circumstances" argument was based primarily on her belief that the debtor could afford to pay his debts.
Ruling: 
Trips to Europe and "luxurious" automobile did not give rise to "extravagant lifestyle" that would require bad faith dismissal.
ABI Membership is required to access the full summary of In re Harter. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 19,2008, LexisNexis #0908-121

In re Roby

A debtor in a chapter 11 bankruptcy case filed an amended objection to a creditor's claim to the proceeds of the sale of the debtor's property.
Ruling: 
Late proof of claim allowed over debtor's objection in absence of prejudice.
ABI Membership is required to access the full summary of In re Roby. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 09,2008, LexisNexis #0708-043

In re Comstock

The United States Trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) on the grounds that the filing was presumptively abusive. The sole remaining issue for the court to decide was whether the debtor's second automobile was necessary for the production of income or her health and welfare.
Ruling: 
Case was not presumptively abusive where second vehicle in question was necessary for commuting as older vehicle was unreliable.
ABI Membership is required to access the full summary of In re Comstock. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 30,2008, LexisNexis #0608-084

In re Sandifer

The U.S. Trustee asked the court to dismiss the chapter 7 case filed by debtors, a married couple, on the ground that debtors, by continuing to fund retirement accounts, had shown that their chapter 7 filing was abusive within the meaning of 11 U.S.C.S. 707(b)(3)(B).
Ruling: 
Filing by above median debtors living frugally in order to continue funding retirement accounts was not abusive.
ABI Membership is required to access the full summary of In re Sandifer. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 14,2008, LexisNexis #0608-018

Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.)

Debtor, a seller of paper and party products, filed an adversary proceeding against defendant warehouse, asserting that the warehouse negligently performed its duties under a contract and converted its inventory. The debtor sought damages for alleged shortfalls of inventory.
Ruling: 
Warehouse was not liable for conversion of inventory, treated as cash collateral, where debtor continued to sell the inventory after abandonment.
ABI Membership is required to access the full summary of Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 11,2008, LexisNexis #0608-058

Pages

Subscribe to Judge Jaroslavsky