Skip to main content

Page Banner(Taxonomy)

judge gambardella

Smith, In re--First Am. Title Ins. Co. v. Smith

Ruling
Creditors’ complaint that debt was nondischargeable was dismissed as creditors filedcomplaint one day after deadline and had not met their burden of proving that debtor'salleged unclean hands affected the late filing. (Bankr. D.N.J.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Smith, In re--First Am. Title Ins. Co. v. Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 17, 2020 , LexisNexis #0920-088

G-I Holdings, Inc.,In re

Ruling
Permissive abstention was appropriate in an injunction motion as the debtor had raised theissue as a defense in state court. (Bankr. D.N.J.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

ABI Membership is required to access the full summary of G-I Holdings, Inc.,In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 26, 2018 , LexisNexis #0318-027

G-I Holdings, Inc.,In re

Ruling
Permissive abstention was appropriate in an injunction motion as the debtor had raised theissue as a defense in state court. (Bankr. D.N.J.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

ABI Membership is required to access the full summary of G-I Holdings, Inc.,In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 26, 2018 , LexisNexis #0318-027

In re G-I Holdings, Inc.

Ruling
City housing authority’s claims against asbestos trust were time barred. (Bankr. D.N.J.)
Issue(s)
Should asbestos claims of city housing authority be disallowed as time barred?

ABI Membership is required to access the full summary of In re G-I Holdings, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 09, 2016 , LexisNexis #1016-020

New York City Housing Authority v. G-I Holdings Inc. (G-I Holdings Inc.)

Ruling
Postconfirmation asbestos removal liability proceeding dismissed.
Issue(s)
Did terms of debtor's confirmed plan require dismissal of city's post-confirmation proceeding for asbestos removal liability?

ABI Membership is required to access the full summary of New York City Housing Authority v. G-I Holdings Inc. (G-I Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 12, 2014 , LexisNexis #0914-062

Forman v. Salzano (In re Norvergence Inc.)

Ruling
Trustee ordered to amend complaint in fraudulent conveyance proceeding concerning Ponzi scheme to provide more specific facts.
Procedural posture

In this adversary proceeding filed by plaintiff, chapter 7 Trustee, against defendants, including a group of leasing companies, the leasing companies filed motions to dismiss the complaint, invoking Fed. R. Civ. P. 8, 9, and 12(b)(6) as grounds for the relief sought.

ABI Membership is required to access the full summary of Forman v. Salzano (In re Norvergence Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 13, 2009 , LexisNexis #0909-011