Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 727
- § 727(a)

Baron v. Klitchko (In re Klutchko)

Oct

2005

Ruling

Debtor was denied a discharge because the debtor intentionally and with fraudulent intent failed to disclose the debtor's consultant work performed for a corporation formed by the debtor's live-in companion.

Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, the debtor and a corporation, alleging that the debtor's discharge should be denied under 11 U.S.C. § 727(a) for making a false oath, concealing property with the intent to hinder, delay, or defraud creditors, and failing to maintain and provide adequate financial records. The court conducted a bench trial.

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Court :

Southern District of New York ( Judge Drain ) [ Bankruptcy Court ]

opinion summary, case decided on October 11, 2005 , LexisNexis #0306-062

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11 U.S.C.
- § 363
- § 363(h)

Genova v. ESM Realty Trust (In re Stoll)

Sep

2005

Ruling

Beneficiaries, including the debtor, were deemed joints tenants in common of the assets of a trust, and the trustee was permitted to sell the trust property to obtain the estate's interest in the trust.

Procedural posture

Plaintiff, the chapter 7 trustee, sued defendants, two trusts and three individuals, including debtor, who each held a one-third interest in the trusts. The trustee alleged two causes of action. The first cause of action was for turnover of property of the bankruptcy estate pursuant to 11 U.S.C. § 542. The second sought a sale of the trusts'property pursuant to 11 U.S.C. § 363(h). The parties filed a motion for summary judgment.

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Court :

Southern District of New York ( Judge Morris ) [ Bankruptcy Court ]

opinion summary, case decided on September 30, 2005 , LexisNexis #0106-111

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11 U.S.C.
- § 502
- § 502(g)

In re Enron Corp.

Sep

2005

Ruling

Objection to a proof of claim for contractual damages was sustained where the Code required that damages'calculation be fixed as of a prefiling date not as of the actual contract rejection date, which was postfiling.

Procedural posture

Chapter 11 debtors objected to claimant's proof of claim.

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Court :

Southern District of New York ( Judge Gonzalez ) [ Bankruptcy Court ]

opinion summary, case decided on September 21, 2005 , LexisNexis #0106-115

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11 U.S.C.

Metro. Steel Inc. v. Halversen (In re Halversen)

Sep

2005

Ruling

Alleged violation of state trust statute was not sufficient to demonstrate fraudulent conduct and creditor otherwise failed to prove nondischargeability of debt.

Procedural posture

Plaintiff creditor sued defendant debtors, alleging that the debt owed to it was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) based on the debtors's fraud or defalcation while acting in a fiduciary capacity. The debtors moved to dismiss the complaint, while the creditor moved for summary judgment.

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Court :

Middle District of Florida ( Judge Glenn ) [ Bankruptcy Court ]

opinion summary, case decided on September 14, 2005 , LexisNexis #0106-116

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11 U.S.C.
- § 547

Savage & Assocs. P.C. v. A.I. Credit Corp. (In re Teligent Inc.)

Sep

2005

Ruling

Debtors'payments to a company for financing the debtors'business insurance premiums were not preferential transfers since the company was oversecured and had properly perfected its security interest.

Procedural posture

Plaintiff representative of unsecured creditors of reorganized bankruptcy debtors brought an adversary proceeding against defendant, a company which financed insurance premiums, alleging that the debtors' payments to the company for financing its business insurance premiums constituted preferential transfers under 11 U.S.C. § 547. The company moved for summary judgment.

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Court :

Southern District of New York ( Judge Bernstein ) [ Bankruptcy Court ]

opinion summary, case decided on September 02, 2005 , LexisNexis #0206-115

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11 U.S.C.
- § 546
- § 546(e)

Picard v. Avellino (In re Bernard L. Madoff Inv. Sec. LLC)

Jan

2001

Ruling

Claims against Madoff accountant with actual knowledge the firm was not trading securitieswere not barred by safe harbor and could proceed. (Bankr. S.D.N.Y.)

Issue(s)

Should the Madoff trustee’s amended proceeding to avoid and recover preferential and fraudulent transfers be dismissed?

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Court :

Southern District of New York ( Judge Bernstein ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on January 01, 2001 , LexisNexis #0816-078

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