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Bankruptcy Court

Cozzone v. Ingui (In re Ingui)

Adversary plaintiff, a judgment creditor of defendant debtor, sought to have the default judgment for $3.8 million he had secured in a state court excepted from the debtor's discharge pursuant to 11 U.S.C. § 523(a)(6).
Ruling: 
Default judgment was deemed dischargeable since the creditor did not demonstrate that the debtor had willfully and maliciously caused or intended to cause injury to the debtor.
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In re Parish

Creditor held a security interest in the debtor's vehicle. The debtor moved to value the creditor's claim and the creditor moved to strike the debtor's notice of valuation.
Ruling: 
Court granted creditor's motion to strike debtor's motion to value creditor's claim on debtor's vehicle since section 506 did not apply.
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In re Appalachian Star Ventures Inc.

With court approval, a bankruptcy debtor paid a retainer to an attorney to represent the debtor in chapter 11 proceedings, but the debtor's case was subsequently converted to chapter 7. The chapter 7 trustee moved for disgorgement of the attorney's retainer pursuant to 11 U.S.C. § 726(b) to allow a pro rata distribution to administrative claimants, including the attorney.
Ruling: 
Trustee was denied motion for disgorgement of the debtor's attorney's retainer following conversion of case to chapter 7 since the attorney held a lien on the retainer and was not similarly situated with unsecured administrative claimants.
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Wells v. TCF Natl Bank (In re Hi Tech Fleet Serv.)

The matter came before the court on plaintiff chapter 7 trustee's motion for summary judgment. The trustee requested summary judgment on a two-count complaint seeking: (1) a determination of the amount, validity, and extent of defendant creditor's claim, and (2) avoidance of an allegedly unauthorized postpetition transfer of funds to the creditor.
Ruling: 
Court dismissed the trustee's complaint alleging avoidable transfers and demanding turnover since no provision in either the Code or case law allowed a chapter 7 trustee to bring an action challenging an asset sale consummated pursuant to court order in a chapter 11 proceeding.
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In re Savoie

Before the court was debtors'motion pursuant to Fed. R. Civ. P. 59(e) for reconsideration of the court's order granting the motion of the trustee to dismiss their chapter 7 case for substantial abuse pursuant to 11 U.S.C. § 707(b).
Ruling: 
Court affirmed ruling that the debtors'$15,000 expenditure for private school tuition for their daughter constituted a substantial abuse of chapter 7.
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In re Farkas

A chapter 7 matter was before the court upon the Amended Motion to Dismiss Bankruptcy Proceeding filed by movants, two creditors, and upon the Joinder to the Creditors'Motion to Dismiss filed by movant, a third individual who had also filed a proof of claim.
Ruling: 
Motions to dismiss were denied since "for cause" grounds for dismissal under section 707(a) were not present.
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In re Jacobs

The court earlier entered its Order and Notice re: Opportunity to Request Hearing under 11 U.S.C. § 727(a)(12) to Bar Entry of Discharge, which gave notice to any party in interest to debtor's case that a request for a hearing to consider barring the entry of debtor's discharge needed to be filed within 21 days of the entry of the court's order. Before the court was the one such request it received, from debtor's landlord.
Ruling: 
Request for hearing to bar entry of discharge under section 727(a)(12) was denied since debtor elected to use federal exemptions not state and local ones.
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In re Zayed

Chapter 13 debtor received a refund associated with his 2004 federal income tax return. The debtor moved for leave to keep these funds contrary to the requirement contained in the order confirming his chapter 13 plan. The debtor requested that he be allowed to keep his 2004 tax refund due to the substantial damage to his home suffered as a result of hurricanes. The debtor estimated that the damages totaled at least $55,000.
Ruling: 
Debtor was bound by confirmed plan to turn over tax refund especially where the debtor had failed to disclose a rise in income.
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Skiba v. Andrzejewski (In re Andrzejewski)

Respondent debtors had filed a voluntary petition for bankruptcy relief pursuant to chapter 7. Movant trustee objected to a claimed exemption by the debtors for amounts in an Individual Retirement Account ("IRA"), to the extent the claim exceeded the amount allowed under 11 U.S.C. § 522(d)(5), and the trustee objected to a claimed exemption for personal injury payments received.
Ruling: 
Debtors were allowed to exempt a personal injury award and a portion of their IRA account.
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DirecTV Inc. v. Deerey (In re Deerey)

Plaintiff judgment creditor filed a motion for summary judgment, seeking an order that defendant debtor could not discharge, pursuant to 11 U.S.C. § 523(a)(6), a debt owed to the creditor as a result of the debtor's willful violation of 47 U.S.C. § 605(e)(4).
Ruling: 
Debt owed due to willful piracy of creditor's stallite television system required hearing on issue of malice prior to determination of dischargeability.
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