In re Bartonik
Apr
10
2015
Ruling
Motion to avoid liens in reopened case denied without prejudice due to improper valuation.
Issue(s)
Could debtor avoid a lien allegedly his impairing homestead exemption via a motion utilizing a valuation of the property from the internet?
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Court
:
In re Amaya
Dec
11
2014
Ruling
Debtor could reopen case to schedule undisclosed personal injury claim that could yield benefit to creditors.
Issue(s)
Whether a debtor's case should be reopened to allow a debtor to schedule a previously undisclosed personal injury action?
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Court
:
- 28 U.S.C.
Moxey v. Pryor (In re Moxey)
Nov
26
2014
Ruling
Debtor's attempts to challenge state court foreclosure in bankruptcy case were barred as judgment was entitled to full faith and credit and pursuant to the Rooker-Feldman doctrine.
Issue(s)
Should debtor's attempts to challenge state court foreclosure judgment in bankruptcy case be dismissed?
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Court
:
In re Campora
Oct
06
2014
Ruling
Debtor sanctioned for raising claims without color of law and for bad faith.
Issue(s)
Whether chapter 13 debtor should be sanctioned for demonstrated disbelief of and disregard for the sanctity and propriety of bankruptcy court proceedings?
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Court
:
In re Lerner
Aug
28
2014
Ruling
Creditor could not reopen case to file meritless adversary proceeding.
Issue(s)
Could law firm reopen debtor's no asset case to file a nondischargeability proceeding against debtor based on retention of portion of Social Security disability payment representing the law firm's fee?
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Court
:
In re Warmbrand
Oct
17
2013
Ruling
Debtors could reopen cases to amend schedules to list prepetition causes of action for trustee to pursue.
Issue(s)
Could debtors reopen their chapter 7 cases to amend their schedules to list previously undisclosed personal injury actions.
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Court
:
Pryor v. New York State Dept of Taxation & Fin. (In re Waring)
May
01
2013
Ruling
Preference period state tax payment was avoidable.
Procedural posture
Pending before the court was a complaint under which plaintiff chapter 7 trustee sought to avoid and recover a $7,067 prepetition transfer by debtors to defendant, New York State, Department of Taxation and Finance ("NYS"), in payment of debtors' 2010 New York State individual income taxes. The Trustee asserted that the payment constituted a preference under 11 U.S.C.S. § 547(b). Judgment was pending.
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Court
:
In re AJW Offshore Ltd.
Mar
19
2013
Ruling
Foreign representative's request for additional relief granted.
Procedural posture
Pending before the court was the general request of petitioners, the duly appointed foreign representatives in these four chapter 15 cases, for additional relief pursuant to 11 U.S.C.S. § 1521(a), including the right to seek turnover of estate assets and records under 11 U.S.C.S. §§ 542, 543, authority to conduct discovery, and entrustment with the administration and realization of estate assets.
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Court
:
- 11 U.S.C.
Exeter Holding Ltd. v. AFC Real Estate LLC (In re Exeter Holding Ltd.)
Mar
14
2013
Ruling
Bankruptcy court abstained from hearing proceeding against title insurance company based on state law claims and not closely related to bankruptcy.
Procedural posture
Title insurance company filed a motion seeking mandatory and permissive abstention under 28 U.S.C.S. § 1334(c), (d), and remand pursuant to 28 U.S.C.S. § 1452(b) of an adversary proceeding. The court also sua sponte raised whether abstention and remand were appropriate in three other adversary proceedings.
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Court
:
- 11 U.S.C.
Barnard v. Albert (In re Janitorial Close-Out City Corp.)
Feb
08
2013
Ruling
Trustee could recover transfers made by debtor during operation of Ponzi scheme.
Procedural posture
Plaintiff chapter 7 Trustee sought to recover transfers as (1) unjust enrichment, (2) transfers made with actual intent to hinder, delay, or defraud debtors' creditors pursuant to 11 U.S.C.S. § 548(a)(1)(A) and N.Y. Debt. & Cred. Law § 276 (2012) ("actual intent fraud"), and (3) constructively fraudulent transfers. In addition, the Trustee sought to recover attorney's fees. Defendant was the transferee. The Trustee moved for summary judgment.
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Court
: