Search Opinion

Joremi Enters. v. Hershkowitz (In re New 118th LLC)

Plaintiff investors brought an action in state court against defendants: debtor, three individuals, et al. After that court ordered relief against the affiliated debtors, plaintiffs removed the action to district court which referred it to the instant court. Plaintiffs assigned the proceeds of their claims to debtors'estates, and filed an amended complaint, which dropped all defendants other than the individuals, one of which moved to remand.
Ruling: 
Guarantee dispute remanded pursuant to mandatory abstention once established that the matter would not affect administration.
ABI Membership is required to access the full summary of Joremi Enters. v. Hershkowitz (In re New 118th LLC). 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 #1208-091

In re Ridgemour Meyer Props. LLC

A bankruptcy debtor and its joint venturer disputed whether to continue their venture to erect a high-rise building on property contributed by the debtor, and an arbitrator determined that the debtor would control the property pending dissolution of the joint venture and a determination of the parties'rights and obligations. The debtor then filed its bankruptcy petition, and the joint venturer moved for appointment of a trustee.
Ruling: 
Chapter 11 trustee appointed for cause due to debtor's concealment of property transfer.
ABI Membership is required to access the full summary of In re Ridgemour Meyer Props. LLC. 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 12,2008, LexisNexis #0209-124

Bank of Castille v. Kjoller (In re Kjoller)

Plaintiff bank filed an adversary proceeding against defendant debtor requesting that the court determine that the debt due to the bank on its business loan was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). Debtor filed a motion to dismiss the dischargeability proceeding. Subsequently, without permission of the court or consent of debtor, the bank filed an amended complaint, which added a second cause of action pursuant to § 523(a)(6).
Ruling: 
Claims relating to debtor's embezzlement and larceny were nondischargeable.
ABI Membership is required to access the full summary of Bank of Castille v. Kjoller (In re Kjoller). 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 November 10,2008, LexisNexis #0109-015

In re Borowie

The chapter 7 trustee sought to compel the debtor to turnover the value of funds which the debtor had on deposit in his checking account at the moment of his bankruptcy filing. The central issue was whether a post-petition disposition of assets in good faith would absolve the debtor of the duty to surrender property as required under 11 U.S.C.S. § 521(a)(4).
Ruling: 
Trustee could recover value of debtor's prepetition check that cleared postpetition.
ABI Membership is required to access the full summary of In re Borowie. 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 November 05,2008, LexisNexis #0109-012

Wharton v. Shiver (In re Shiver)

Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
Ruling: 
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
ABI Membership is required to access the full summary of Wharton v. Shiver (In re Shiver). 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 November 05,2008, LexisNexis #1208-080

In re Scalise

The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Case dismissed due to debtor's failure to provide paystub covering petition date.
ABI Membership is required to access the full summary of In re Scalise. 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 30,2008, LexisNexis #0109-011

In re Latimer

The debtors filed a chapter 13 plan which proposed to bifurcate their mortgage into an allowed secured claim and an unsecured claim. In furtherance of the plan, the debtors filed a motion, pursuant to 11 U.S.C.S. § 506(a)(1), for the court to determine the secured status of the mortgage. The creditor opposed the motion.
Ruling: 
Undersecured mortgage claim could be bifurcated.
ABI Membership is required to access the full summary of In re Latimer. 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 27,2008, LexisNexis #1208-127

Krys v. Sugrue

Plaintiff trustee of a litigation trust which was assigned claims of the estate of a bankruptcy debtor, brought actions in state courts against defendants, agents and insiders of the debtor and others, including a bank, alleging that defendants aided and abetted the debtor's fraud. The actions were removed to federal court, the trustee moved to remand the actions, and the bank moved to refer claims against it to the bankruptcy court.
Ruling: 
Motion to remand fraud action directly related to debtors'bankruptcy denied.
ABI Membership is required to access the full summary of Krys v. Sugrue. 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 October 23,2008, LexisNexis #1108-104

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

Harris v. DAmico (In re DAmico)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) based on the debtors' failure to disclose prepetition transfers. The bankruptcy court conducted a trial.
Ruling: 
Schedule inaccuracies due to oversight which were remedied at creditors' meeting were not basis for denial of discharge.
ABI Membership is required to access the full summary of Harris v. DAmico (In re DAmico). 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 09,2008, LexisNexis #1208-033

Pages