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United States v. Halperyn (In re Halperyn)

Jul
26
2006
Ruling
Debtor was denied discharge since debtor knowingly and fraudulently failed to schedule several assets.
Procedural posture

Plaintiff U.S. trustee brought an adversary proceeding against defendant debtor, asking the bankruptcy court to deny discharge pursuant to 11 U.S.C. § 727. The bankruptcy court held a trial.

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opinion summary, case decided on July 26, 2006 , LexisNexis #0806-098
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In re Cinole Inc.

Mar
16
2006
Ruling
Automatic stay was annulled retroactively to the filing date since cause existed and to allow the city to complete its tax sale of the debtor's foreclosed properties.
Procedural posture

Pending was a tax creditor's motion (the Dismissal/Stay Annulment Motion), requesting the court enter an order (1) dismissing debtor's chapter 11 case under 11 U.S.C. § 1112(b) for cause, based upon a finding that there had been a bad faith filing, and (2) under 11 U.S.C. § 362(d), annulling any automatic stay that may have gone into effect with the filing of debtor's petition as to the foreclosed properties. Debtor filed a Contempt Motion.

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opinion summary, case decided on March 16, 2006 , LexisNexis #0406-084
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In re Cinole Inc.

Mar
16
2006
Ruling
Debtor's chapter 11 case was dismissed for cause due to filing in bad faith.
Procedural posture

Pending was a tax creditor's motion (the dismissal/stay annulment motion), requesting the court enter an order (1) dismissing debtor's chapter 11 case under 11 U.S.C. § 1112(b) for cause, based upon a finding that there had been a bad faith filing, and (2) under 11 U.S.C. § 362(d), annulling any automatic stay that may have gone into effect with the filing of debtor's petition as to the foreclosed properties. Debtor filed a contempt motion.

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opinion summary, case decided on March 16, 2006 , LexisNexis #0406-102
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IBA Inc. v. Hoyt (In re Hoyt)

Feb
08
2006
Ruling
Debtor was denied a discharge due to the debtor's intent to defraud by concealing interests in the debtor's daughter's bank account.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, asking the court to, inter alia, deny the discharge pursuant to 11 U.S.C. § 727(a)(4). The court conducted a trial.

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opinion summary, case decided on February 08, 2006 , LexisNexis #0306-064
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Reiber v. Option One Mortg. (In re Hojnoski)

Jan
04
2006
Ruling
Lien based on an unrecorded mortgage could not be avoided since a reasonable search of records would have discovered the existence of the mortgage.
Procedural posture

After debtor filed a chapter 13 bankruptcy petition, plaintiff trustee brought an adversary proceeding against defendant creditor, seeking an order pursuant to 11 U.S.C. §§ 544(b) and 551 to avoid the lien of an unrecorded mortgage on the debtor's residence. Each party moved for summary judgment.

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opinion summary, case decided on January 04, 2006 , LexisNexis #0206-078
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