Search Opinion

Chase v. Chase (In re Chase)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant, his estranged wife, seeking a judgment that an order issued by the Supreme Court of the State of New York, County of Columbia, which required him to pay $ 39,243 in mortgage payment arrears on the couple's marital residence was dischargeable under former 11 U.S.C.S. § 523 (amended 2005). The wife filed a motion to dismiss.
Ruling: 
Debtor's mortgage obligation to former spouse was in the nature of support due to treatment as such by court in prior contempt proceeding.
ABI Membership is required to access the full summary of Chase v. Chase (In re Chase). 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 August 18,2008, LexisNexis #0908-022

In re Wisotzke

Debtor filed a petition initiating a chapter 13 case. The schedules and statements and a chapter 13 plan filed by debtor indicated that he resided at a property which was titled to his deceased parents. Ontario County filed a motion which requested that the court determine that the property was not 11 U.S.C.S. § 541 property of the estate.
Ruling: 
Debtor's residence, titled in name of deceased parents on petition date and transferred to county pursuant to default judgment was not property of the estate.
ABI Membership is required to access the full summary of In re Wisotzke. 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 August 14,2008, LexisNexis #0908-051

Gilman v. Golio (In re Golio)

Plaintiff-creditor, the non-debtor former wife of the defendant debtor, sought a determination that two state court judgments rendered in her favor against the debtor were nondischargeable as domestic support obligations under 11 U.S.C.S. § 523(a)(5), or as indebtedness owed to a former spouse that was incurred by the debtor in connection with a separation agreement, divorce decree or other court order under 11 U.S.C.S. § 523(a)(15).
Ruling: 
Judgment issued in connection with divorce decree was nondischargeable.
ABI Membership is required to access the full summary of Gilman v. Golio (In re Golio). 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 August 14,2008, LexisNexis #0908-050

In re Tompkins

The debtors filed an objection seeking to expunge the claim of a secured creditor based upon a perfected, purchase-money security interest in the debtors' automobile. The creditor objected to confirmation of the proposed chapter 13 plan.
Ruling: 
Debtors allowed to surrender "910 vehicle" in full satisfaction of debt.
ABI Membership is required to access the full summary of In re Tompkins. 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 August 13,2008, LexisNexis #0908-058

In re Source Enters.

Appellant, a law firm that had represented affiliated debtors as bankruptcy counsel challenged an order of the U.S. Bankruptcy Court for the Southern District of New York confirming its plan of reorganization. At issue was whether appellant's challenge to confirmation was foreclosed because the plan had been"substantially consummated" within the meaning of 11 U.S.C.S. § 1101(2) and whether other provisions were violated.
Ruling: 
Appeal of plan confirmation denied as moot due to substantial consummation.
ABI Membership is required to access the full summary of In re Source Enters.. 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 August 12,2008, LexisNexis #0908-010

City of Ann Arbor Employees Ret. Sys. v. Citigroup Mortg. Loan Trust Inc.

Plaintiff retirement system and investors brought a class action against defendant mortgage loan trusts in state court, alleging violations of 15 U.S.C.S. §§ 77k and 77o. The matter was removed to federal district court. The retirement system and investors moved to remand on the ground that 15 U.S.C.S. § 77v(a) prohibited removal of cases brought under the Securities Act of 1933.
Ruling: 
Securities claims had conceivable effect on debtor's bankruptcy and were properly removed.
ABI Membership is required to access the full summary of City of Ann Arbor Employees Ret. Sys. v. Citigroup Mortg. Loan Trust Inc.. 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 August 11,2008, LexisNexis #0908-061

In re Vinieris

Movant creditor sought dismissal of a chapter 13 on the basis that it was a judgment creditor with a secured claim against debtor exceeding $9.9 million, rendering debtor ineligible to file a chapter 13 due to 11 U.S.C.S. § 109(e). Debtor opposed the motion on the ground that movant was no longer a judgment creditor by reason of the age of the underlying judgment. The status of the debt under state law including N.Y. C.P.L.R. § 5014 was at issue.
Ruling: 
Secured judgment that was still valid after more than twenty years was in excess of chapter 13 debt limits, disqualifying debtor.
ABI Membership is required to access the full summary of In re Vinieris. 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 August 07,2008, LexisNexis #0808-107

Nash v. Gentile

Appellant special counsel was appointed special counsel to a trustee. The counsel filed two complaints alleging conversion, fraud, and breach of contract. A bankruptcy judge dismissed the complaints, and denied the counsel's motion to amend with prejudice. The United States Bankruptcy Court for the Northern District of New York issued a decision and order sanctioning the counsel pursuant to 28 U.S.C.S. § 1927. The counsel appealed.
Ruling: 
Special counsel to trustee properly sanctioned for meritless motions to amend dismissed complaints.
ABI Membership is required to access the full summary of Nash v. Gentile. 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 August 06,2008, LexisNexis #0908-034

In re Calpine Corp.

Debtor and its affiliated reorganized debtors (hereafter referred to as debtor) sought entry of an order granting debtor's objection, pursuant to 11 U.S.C.S. § 502 and Fed. R. Bankr. P. 3007, to claims filed by two claimants (hereafter referred to as the claimant).
Ruling: 
Previously withdrawn claims refiled postconfirmation as claims for "rejection damages" disallowed.
ABI Membership is required to access the full summary of In re Calpine 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 August 04,2008, LexisNexis #0908-045

In re Sudano Inc.

Over the objection of the controlling principal of corporate bankruptcy debtors, the debtors' apartment buildings were sold and the interests of shareholders were extinguished. The principal subsequently died and the son of the principal, on behalf of the surviving spouse of the principal, moved for an award of damages to the spouse alleging that the bankruptcy trustee failed to provide notice to the spouse and mismanaged the debtors' affairs.
Ruling: 
Son of corporate debtor's deceased principal lacked capacity to represent non-shareholder mother regarding trustee's alleged mismanagement of case.
ABI Membership is required to access the full summary of In re Sudano Inc.. 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 July 30,2008, LexisNexis #0808-140

Pages