- 11 U.S.C.
Kriegman v. Briscone (In re LLS Am. LLC)
Oct
22
2013
Ruling
Transfers made as part of Ponzi scheme were fraudulent.
Issue(s)
Was debtor operating a Ponzi scheme and insolvent at the time transfers were made so as to make the transfers avoidable as fraudulent.
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Court
:
- 11 U.S.C.
Kassa Ins. Servs. V. Pugh (In re Pugh)
Oct
17
2013
Ruling
Fees reduced after review of block billing invoices.
Issue(s)
Should fees awarded to creditor's attorney for representation in adversary proceeding be reduced as unreasonable.
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Court
:
- 11 U.S.C.
In re Colonial Brokerage Inc.
Jun
17
2013
Ruling
Late-filed proofs of claim allowed due to insufficient notice of bankruptcy and bar date.
Procedural posture
The Pension Benefit Guaranty Corporation ("PBGC") filed a motion seeking a determination that its claims, which were filed after the claims bar date, be accorded equal treatment with timely filed claims. The chapter 7 trustee filed an objection to the motion. After having filed a joint stipulation of relevant facts, the parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Gray v. LVNV Funding LLC (In re Gray)
Jun
14
2013
Ruling
Collection letters sent by creditor and agency did not violate stay given lack of notice or actual knowledge of case.
Procedural posture
Debtor brought an adversary proceeding alleging that defendant collection agency, on behalf of defendant creditor, willfully violated the 11 U.S.C.S. § 362 automatic stay by sending seven collection letters with actual or, in the alternative, imputed knowledge of her bankruptcy.
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Court
:
- 11 U.S.C.
Allison v. Dean (In re Dean)
Apr
10
2013
Ruling
Debts resulting from debtor's negligence were not grounds for denial of discharge.
Procedural posture
Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4) to have his debts discharged, and that a judgment they obtained against the debtor in an Alabama court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
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Court
:
- 11 U.S.C.
Trailer v. Troy Univ. (In re Trailer)
Mar
18
2013
Ruling
University's refusal to release transcript due to outstanding prepetition debt violated stay.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant university, contending that the university willfully violated the automatic stay, 11 U.S.C.S. § 362(a)(6), by refusing, in an effort to collect a prepetition debt and with knowledge of her bankruptcy, to release a transcript of her academic record.
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Court
:
- 11 U.S.C.
In re Snow
Mar
11
2013
Ruling
Case dismissed with refiling injunction due to material default under plan.
Procedural posture
Before the court were (1) the trustee's motion to dismiss the case with a refiling injunction, (2) the trustee's motion to examine transactions between debtor and attorney, and (3) an application to employ, nunc pro tunc, an attorney.
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Court
:
- 11 U.S.C.
Kriegman v. 0817726 BC Ltd. (In re LLS Am. LLC)
Nov
16
2012
Ruling
Filing of proof of claim was a consent to jurisdiction to adjudicate trustee's avoidance proceeding.
Procedural posture
Plaintiff chapter 11 trustee filed a complaint against defendant lenders and investors seeking to recover money paid by a debtor as part of an alleged Ponzi scheme conducted by the debtor. Certain defendants filed motions to dismiss for insufficient service of process, improper extraterritorial application of U.S. bankruptcy law, and failure to state the alleged fraud with particularity as required by Fed. R. Civ. P. 9(b).
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Court
:
- 11 U.S.C.
Perry v. United States (In re Perry)
Aug
15
2012
Ruling
IRS debt for years in which debtor did not file timely returns was nondischargeable.
Procedural posture
Plaintiff, a chapter 7 debtor, sought a determination that amounts owed to defendant Internal Revenue Service (IRS) were nondischargeable under 11 U.S.C.S. § 523(a)(1). The court converted the debtor's motion to one seeking summary judgment, and the IRS filed a cross-motion for summary judgment.
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Court
:
Lawrence v. Childers (In re Childers)
May
15
2012
Ruling
Discharge denied due to failure to schedule interest in probate estate.
Procedural posture
Creditors commenced an adversary proceeding to deny debtors' discharge under 11 U.S.C.S. §§ 727(a)(4), (a)(2), (a)(3), and (a)(5) and Fed. R. Bankr. P. 7001.
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Court
: