Cadle Co. v. Banner (In re Banner)
Aug
27
2008
Ruling
Debtor could not avoid creditor's lien that predated acquisition of interest in property.
Procedural posture
Respondent debtor filed a petition for relief under chapter 7 of the Bankruptcy Code. Movant creditor filed a motion for relief from the automatic stay, and the debtor filed a motion for an order declaring that real property she owned was exempt from creditors' claims. The creditor and the State of Connecticut filed objections to the debtor's motion.
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Court
:
- 11 U.S.C.
Daly v. Konover Constr. Corp. (In re Homesteads Cmty. at Newtown LLC)
Jun
26
2008
Ruling
Law firm could not represent estate in challenge to creditor's mechanics' lien unless it ceased to represent debtor's principal and equity holder.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, alleging that the creditor improperly asserted an invalid and unenforceable mechanics' lien against real property of the bankruptcy debtor. The trustee applied for appointment of a law firm to represent the estate in the proceeding pursuant to 11 U.S.C.S. § 327, the creditor objected on the ground of conflict of interest.
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Court
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In re Lemoine
Mar
19
2008
Ruling
Late-filed reaffirmation agreement stricken from record.
Procedural posture
A debtor was ordered to show cause as to why an agreement to reaffirm his debt to a creditor should not be stricken as untimely filed.
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Court
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Republic Credit Corp. I v. Boyer (In re Boyer)
Apr
09
2007
Ruling
Debtor's failure to list property transferred to spousefor estate planning purposes twelve years prior to filing was not grounds for denial of discharge.
Procedural posture
Defendant chapter 7 debtor filed a motion to dismiss plaintiff creditor's complaint, which sought to deny the debtor's discharge pursuant to 11 U.S.C. § 727(a).
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Court
:
- FRBP
In re Driscoll
Nov
22
2006
Ruling
Objection to IRS proof of claim was a contested matter which debtor did not need to bring as adversary proceeding.
Procedural posture
The chapter 13 debtors objected to a claim filed by the IRS on the ground that a portion of the claim was discharged.
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Court
:
- 11 U.S.C.
In re Boyer
Oct
19
2006
Ruling
Compromise of constructive trust claims granted.
Procedural posture
An unsecured creditor sought a denial of a discharge under 11 U.S.C. § 727(a), alleging that the debtor transferred and concealed his interest in certain real property, personal property, and redirected compensation. The chapter 7 trustee filed a motion to compromise constructive trust/11 U.S.C. § 542 claims, and the creditor objected.
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Court
:
Napolitano v. Vibra-Conn Inc. (In re P.J. Patton Co.)
Aug
30
2006
Ruling
Checks payable jointly to debtor and third party and negotiated by the third party were avoidable.
Procedural posture
In this adversary proceeding commenced under 11 U.S.C. §§ 547 and 550(a), plaintiff chapter 7 trustee sought avoidance of certain transfers and recovery of $23,871.54 (plus interest and costs) as preferences paid to defendant involving, inter alia, three checks made payable to defendant and the debtor jointly.
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Court
:
May v. Lyon (In re Lyon)
Jul
26
2006
Ruling
Debt was deemed discharged except nominal amount since creditor did not prove fiduciary relationship or false representation.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant debtor, seeking a determination that a certain judgment debt owing to the creditor was not discharged in the chapter 7 case pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(4). The creditor also requested fees and expenses, as well as prejudgment interest and statutory costs. The matter was pending decision following trial.
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Court
:
- 11 U.S.C.
Master-Halco Inc. v. Picard (In re Picard)
Mar
23
2006
Ruling
Dismissal of dischargeability causes of action was denied except as to an unproven willful and malicious injury claim.
Procedural posture
After defendant debtor filed a bankruptcy petition under chapter 7, plaintiff creditor filed nondischargeability claims under 11 U.S.C. § 523(a)(2), (4) and (6). The debtor filed a motion to dismiss, and the creditor filed an objection to the motion to dismiss.
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Court
:
- 11 U.S.C.
In re Ziolkowski
Feb
27
2006
Ruling
Debtors were denied an extension of the automatic stay since a hearing was not timely scheduled by the clerk's office and the debtors did not insure that a motion to extend an automatic stay was timely scheduled.
Procedural posture
Debtors filed for chapter 13 bankruptcy protection. They then moved to continue and extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
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