Dec
27
2007
Arlow v. F.A.Y. Props. (In re Mid-City Parking Inc.)
Plaintiff trustee filed an adversary complaint pursuant to 11 U.S.C. § 550 against defendant lessor in connection with five transfers made to it by debtor parking lot operator that were claimed to be preferential within the meaning of 11 U.S.C. § 547. Three of the claims were resolved prior to trial, at which the court heard evidence on the remaining claims and on defendant's ordinary course of business defense under 11 U.S.C. § 547(c)(2).
Ruling:
Transfers made per a validly assumed executory contract were not preferential.
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Commercial case opionion summary, case decided on December 27,2007, LexisNexis #0208-026
Dec
21
2007
Swanson v. Green (In re Green)
Plaintiff, the chapter 7 trustee, brought an adversary proceeding to deny the debtors a discharge, asserting that the debtors concealed a vast amount of personal property, in the estimated value of $200,000, in the form of collectable memorabilia items, with the intent to hinder, delay or defraud the trustee in violation of 11 U.S.C. § 727(a)(2) and /or made a false oath with respect to the property under 11 U.S.C. § 727(a)(4)(A).
Ruling:
Discharge denied due to debtors'failure to schedule notable assets.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0208-013
Dec
21
2007
In re Saffrin
The chapter 13 trustee objected to confirmation of the debtors'proposed plan arguing that they were not devoting all of their projected disposable income to the plan because their calculation of disposable income deducted payments for their daughter's college expenses. The debtors argued that the deduction was permissible because the expenses were necessary for the health and welfare of the family.
Ruling:
College expenses could not be deducted from disposable income calculation as "other necessary expenses."
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0208-011
Dec
20
2007
In re Redmond
A debtor had filed for relief under chapter 13, and the case had been closed. The debtor had attempted to reopen the case under 11 U.S.C. § 350(b) and after the court denied the motion, the motion was appealed to a district court. The district court remanded the matter with directions that full consideration be given to the factors for a motion to reopen.
Ruling:
Debtor could not reopen case after four years to seek sanctions against mortgagee for misconduct in foreclosure action.
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Consumer case opionion summary, case decided on December 20,2007, LexisNexis #0108-091
Dec
19
2007
Covey v. Hackett (In re Roadrunner Delivery Inc.)
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant, a corporate debtor's sole shareholder, claiming that $6,753.95 in payments the debtor made to the shareholder were fraudulent and should be avoided under 11 U.S.C. § 548(a)(1)(B). The shareholder filed a motion to dismiss the trustee's complaint.
Ruling:
Prepetition claim discharged in shareholder's bankruptcy could not be subject of avoidance proceeding in bankruptcy of the corporation.
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Commercial case opionion summary, case decided on December 19,2007, LexisNexis #0108-076
Dec
18
2007
Daily v. Chase Bank USA (In re Daily)
Plaintiff debtor filed an adversary proceeding against defendant creditor for willful violation of the automatic stay for filing a complaint against the debtor in state court. The creditor failed to respond. The matter was before the court for entry of a default judgment and determination of damages.
Ruling:
Punitive damages for violation of stay not warranted due to mitigating response of creditor.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0208-002
Dec
05
2007
In re Johnson
A chapter 7 trustee sought an order directing the turnover of a real estate escrow deposit pursuant to 11 U.S.C. § 542(a). The trustee contended that the prospective buyer was in breach of contract and that the earnest money was therefore the property of the bankruptcy estate under 11 U.S.C. § 541(a)(7).
Ruling:
Real estate escrow deposit money was property of the estate upon breach by buyer.
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Consumer case opionion summary, case decided on December 05,2007, LexisNexis #0108-046
Dec
04
2007
In re Baker
A creditor filed a motion for relief from the automatic stay of 11 U.S.C.S. § 362(a) in a chapter 7 bankruptcy case and for the abandonment of its collateral from the bankruptcy estate. A debtor objected to the motion.
Ruling:
Stay lifted postdischarge as to abandoned property.
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Consumer case opionion summary, case decided on December 04,2007, LexisNexis #0308-077
Nov
30
2007
In re Plummer
Chapter 13 debtors filed a motion seeking authorization to amend their Schedule F to add previously unscheduled prepetition creditors and to extend the claims bar date in order to give the added creditors the opportunity to file claims so that their debts to the added creditors would be discharged upon completion of the debtors'chapter 13 plan.
Ruling:
Debtors' motion to amend schedules post-confirmation and extend bar date denied as incompatible with plan.
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Consumer case opionion summary, case decided on November 30,2007, LexisNexis #1207-139
Nov
29
2007
In re J.S. II LLC
Debtors, limited liability companies ("LLC") filed petitions for relief under chapter 11, and the matters were administered jointly. The debtors sought leave of court to sell some real estate holdings and two interested parties objected. The debtors sought reconsideration of the court's earlier interlocutory ruling that required consent of the interested party before the sale could be completed.
Ruling:
Sale of real estate holdings by debtors could proceed without consent of interested party.
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Commercial case opionion summary, case decided on November 29,2007, LexisNexis #1207-121