Search Opinion

In re Lowery

Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
Ruling: 
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
ABI Membership is required to access the full summary of In re Lowery. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-026

In re Almonte

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).
Ruling: 
Credit card cash advances did not need to be included in projected disposable income calculation.
ABI Membership is required to access the full summary of In re Almonte. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0109-063

In re Moreo

Plaintiff creditor filed an adversary proceeding against defendants, debtors, to deny the debtors their discharge under 11 U.S.C.S. §§ 727(a)(2)(A), 727(a)(3), 727(a)(4)(A), and 727(a)(5). The parties field cross-motions for summary judgment on the § 727(a)(3) and § 727(a)(4)(A) causes of actions.
Ruling: 
Failure of financially unsophisticated debtor to keep adequate business records was not grounds for denial of discharge.
ABI Membership is required to access the full summary of In re Moreo. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0109-055

In re New Rochelle Tel. Corp.

Before the court were two motions which were procedurally consolidated. The first was a motion filed by the debtor seeking, inter alia, to determine that, because creditor was a utility which entered into an executory contract with the debtor prior to bankruptcy, the parties' rights and obligations were governed by 11 U.S.C.S. § 365 and not 11 U.S.C.S. § 366. The second motion was the creditor's motion to convert the case to a chapter 7.
Ruling: 
Prepetition service agreement with utility was entitled to applicable protection and could not be treated as an executory contract.
ABI Membership is required to access the full summary of In re New Rochelle Tel. Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 13,2008, LexisNexis #0109-008

In re Forletta

A debtor filed for relief under chapter 13 of the Bankruptcy Code, less than one year after the debtor's earlier chapter 7 case was closed. The debtor sought to continue the automatic stay, pursuant to 11 U.S.C.S. § 362(c)(3)(B).
Ruling: 
Motion to extend stay granted, though not necessary, in chapter 13 case filed by debtor who had received discharge in prior chapter 7 case.
ABI Membership is required to access the full summary of In re Forletta. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1108-003

Pergament v. DeRise (In re DeRise)

On remand from the District Court for the Eastern District of New York, the court conducted a trial on plaintiff chapter 7 trustee's adversary complaint against defendant Chapter 7 debtor, which objected to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(3), § 727(a)(4), and § 727(a)(6).
Ruling: 
Trustee's objection to discharge for failure to file statements and schedules overruled due to debtor's lack of formal education or fraudulent intent and absence of injury to creditors.
ABI Membership is required to access the full summary of Pergament v. DeRise (In re DeRise). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 03,2008, LexisNexis #1108-030

Kuhl v. United States

Following remand from a decision by the U.S. Court of Appeals for the Second Circuit, appellant chapter 7 debtor asked a bankruptcy court to reconsider its decision denying her request for an order requiring appellee United States to pay attorney fees and costs she incurred while successfully contesting an attempt by the IRS to collect taxes. The bankruptcy court denied the debtor's request for attorney fees and costs, and the debtor appealed.
Ruling: 
Denial of debtor's request for attorneys' fees and costs incurred in proceeding against IRS upheld.
ABI Membership is required to access the full summary of Kuhl v. United States. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-133

In re Lemma

A creditor of a chapter 13 debtor filed a motion to terminate the co-debtor stay imposed by 11 U.S.C.S. § 1301(a) as to a co-obligor and for relief pursuant to 11 U.S.C.S. § 362(d)(4)(B) that, in the event of any future filings by the debtors, the automatic stay would not go into effect as to the creditor with respect to the debtors' residence.
Ruling: 
Relief from co-debtor stay denied where debtor's plan proposed to pay creditor's claim in full.
ABI Membership is required to access the full summary of In re Lemma. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1208-006

In re Stein

After a bankruptcy debtor's case had been closed for eight years, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) to allow amendment of his schedules to list an interest in real property which the debtor co-owned with his deceased former spouse. The administrator of the spouse's estate opposed the motion.
Ruling: 
Case reopened to determine debtor's rights in property which debtor recently learned was co- owned with deceased former spouse.
ABI Membership is required to access the full summary of In re Stein. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1208-030

Durand v. Ackerman (In re Durand)

Appellant husband sought review of the judgments of the United States Bankruptcy Court, which denied his motion for reconsideration and granted appellee trustee's motion, pursuant to Fed. R. Bankr. P. 7037 and Fed R. Civ. P. 37, for default judgment and sanctions, specifically attorney's fees and costs, in an action to avoid the debtor's transfer of property to her husband as a fraudulent conveyance or unauthorized post-petition transfer.
Ruling: 
Default and sanctions reversed as failure to appear at hearing in avoidance proceeding was insufficient grounds.
ABI Membership is required to access the full summary of Durand v. Ackerman (In re Durand). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 16,2008, LexisNexis #1008-136

Pages