- 11 U.S.C.
Carto v. Oakley (In re Oakley)
Dec
30
2013
Ruling
Discharge denied due to debtor's reckless omissions from schedules.
Issue(s)
Were debtor's omissions concerning assets and prepetition transfers grounds for denial of discharge.
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Court
:
- 11 U.S.C.
421 Chestnut Partners LP v. Aloia (In re Aloia)
Jul
17
2013
Ruling
Extension of time to object to discharge denied as creditor was not diligent in its investigation.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking a denial of the debtor's discharge based on the debtor's failure to disclose assets and false statements. The debtor moved to dismiss the complaint as untimely, and the creditor moved to extend the time for objecting to the debtor's discharge.
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Court
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In re Brown
Sep
06
2012
Ruling
Damages awarded due to judgment creditor's and counsel's failures to halt levy in violation of stay.
Procedural posture
Chapter 11 debtors filed a motion for relief for violations of the automatic stay under 11 U.S.C.S. § 362(k) against an individual judgment creditor and his counsel. The creditor had failed to halt a postpetition levy against the debtors' real property, despite knowledge of the bankruptcy filing.
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Court
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In re Omega Optical Inc.
Jul
27
2012
Ruling
Creditor could not amend claim to be secured where confirmed plan treated claim as unsecured.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for reorganizing its business. A bank that filed an unsecured claim against the debtor's bankruptcy estate filed a motion to amend its claim, and the debtor opposed the motion and asked the court, pursuant to Fed. R. Bankr. P. 3022, to enter a final decree which closed its case.
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Court
:
- 11 U.S.C.
Krywopusk v. Raftogianis (In re Raftogianis)
Jul
12
2012
Ruling
Discharge denied due to numerous errors, omissions and inconsistencies demonstrating reckless indifference to truth.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A).
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Court
:
In re Canoe Mfg. Co.
Feb
01
2012
Ruling
Debtor's CEO's motion to reopen 1995 case to relitigate issues ruled on in state court denied.
Procedural posture
Movant, acting pro se, filed a motion, purportedly on behalf of the corporate debtor, to reopen a chapter 7 case that was closed in 1995. The motion under 11 U.S.C.S. § 350(b) was opposed by an attorney and his law firm, the likely defendants in an adversary proceeding if the case was reopened.
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Court
:
- 11 U.S.C.
In re Brewery Park Assocs. LP
Apr
29
2011
Ruling
Confirmation denied and chapter 11 case dismissed where debtor was unable to submit a viable plan and there was no possibility of a dividend to unsecured creditors in chapter 7.
Procedural posture
A creditor secured by a chapter 11 bankruptcy debtor's real property sought confirmation of a plan of reorganization which provided for the creditor to obtain the debtor's interest in the property via a credit bid at a sale of the property or to be paid in full from the proceeds of sale of the property to a third party. The debtor objected to confirmation of the plan and moved for voluntary dismissal of the debtor's case.
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Court
:
- 11 U.S.C.
In re Gibellino-Schutz
Apr
11
2011
Ruling
Relief from stay to pursue indemnity and contribution actions against debtor denied.
Procedural posture
Cross claimants in state court litigation with Chapter 7 debtor filed a motion seeking termination of the bankruptcy stay under 11 U.S.C.S. § 362(d)(1) so that they could prosecute their indemnity and contribution crossclaim against the debtor.
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Court
:
- 11 U.S.C.
Butler v. HSBC Mortg. Servs. (In re Butler)
Nov
15
2010
Ruling
Wholly unsecured second lien could be avoided.
Procedural posture
Chapter 13 debtors sought to avoid the second mortgage lien of defendant creditor pursuant to 11 U.S.C.S. § 506, contending that the value of the collateral was less than the amount owed on the first mortgage lien.
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Court
:
In re Felheimer
Oct
13
2010
Ruling
Creditor who was allegedly misled by debtor into not asserting rights in bankruptcy could not reopen case to have debt declared nondischargeable.
Procedural posture
A creditor filed a motion to reopen a Chapter 7 debtor's closed bankruptcy case under 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 5010. She sought to reopen the bankruptcy case to file an adversary proceeding to seek a declaration of nondischargeability of her debt under 11 U.S.C.S. § 523(a)(2), (4), and to seek revocation of his discharge under 11 U.S.C.S. § 727(d).
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Court
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