Search Opinion

In re Windham Mills Dev. Corp.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor submitted a plan allowing a secured creditor to purchase the debtor's property as part of the plan of reorganization. The court issued an order that determined the value of the collateral, pursuant to 11 U.S.C.S. § 506 (506. The State of Connecticut, Department of Economic and Community Development (the DECD) filed a motion to vacate the 506 order.
Ruling: 
Redetermination of value of collateral appropriate given changed circumstances.
ABI Membership is required to access the full summary of In re Windham Mills Dev. 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 April 08,2008, LexisNexis #0508-135

McCarron v. Andrews (In re Andrews)

Plaintiff creditors, who were professional horseracing jockeys, brought adversary proceedings against defendant bankruptcy debtors, who were the creditors' former business managers, seeking nondischargeability of the creditors' judgment against the debtors based on fraud under 11 U.S.C.S. § 523(a)(2)(A). The creditors moved for summary judgment based on collateral estoppel, and the debtors cross-moved for summary judgment based on untimeliness.
Ruling: 
Judgment debt based on debtor manager's intentional misrepresentations to creditor horse jockeys was nondischargeable.
ABI Membership is required to access the full summary of McCarron v. Andrews (In re Andrews). 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 April 08,2008, LexisNexis #0508-136

In re Wen Hua Xu

In this contested matter in debtor's chapter 7 case, a judgment creditor moved for dismissal of debtor's petition pursuant to 11 U.S.C.S. § 109(g)(1).
Ruling: 
Debtor's failure to disclose assets, respond to trustee's requests or appear at creditors'meetings resulted in dismissal.
ABI Membership is required to access the full summary of In re Wen Hua Xu. 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 April 07,2008, LexisNexis #0508-072

Pereira v. Gardner (In re Gardner)

Plaintiff trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), (a)(4)(D), and (a)(5). The trustee also requested that the pleadings be amended to conform to the evidence so that the debtor could be denied a discharge under 11 U.S.C.S. § 727(a)(6). The debtor denied allegations in the trustee's complaint.
Ruling: 
Debtor's concealment of timeshares, false oaths at creditors' meeting and failure to provide records resulted in denial of discharge.
ABI Membership is required to access the full summary of Pereira v. Gardner (In re Gardner). 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 April 01,2008, LexisNexis #0408-136

D.A. Elia Constr. Corp. v. Damon & Morey LLP

Plaintiff, the former client of defendant law firm, commenced an action in state court against the law firm that had represented the client when it was a debtor in a complex chapter 11 reorganization. The complaint stated claims for legal malpractice and conflicts of interest. The law firm moved for summary judgment, asserting that all of the state law claims were barred by res judicata. The client moved to remand the case to state court.
Ruling: 
Legal malpractice action against chapter 11 debtor's counsel dismissed as resolved in original fee request proceeding.
ABI Membership is required to access the full summary of D.A. Elia Constr. Corp. v. Damon & Morey LLP. 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 March 31,2008, LexisNexis #0408-096

In re Marcello

The debtor filed a motion pursuant to 11 U.S.C.S. § 362(c)(3) for an order extending the automatic stay in her chapter 13 case. The motion was brought on by an order that shortened that time. The debtor had filed a previous chapter 13 case which was dismisssed. The creditor that held the debtor's mortgage objected.
Ruling: 
Debtor who filed second case based on significant increase in income entitled to extension of stay provided mortgage payments remained current.
ABI Membership is required to access the full summary of In re Marcello. 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 March 27,2008, LexisNexis #0508-005

In re Source Enters.

A law firm applied for payment of fees and reimbursement of expenses in connection with its representation of the debtor in a chapter 11 bankruptcy case.
Ruling: 
Attorneys' fees denied where firm held undisclosed interest adverse to estate.
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 March 27,2008, LexisNexis #0508-004

In re Lisenko

The chapter 13 Trustee objected to confirmation of the debtor's proposed plan under 11 U.S.C.S. § 1325. At issue was whether the debtor was committing all of her "projected disposable income" under the plan as required by 11 U.S.C.S. § 1325(b)(1)(B) when her "monthly disposable income" as calculated on Official Bankr. Form 22C was approximately one-half the amount of her "monthly net income" reflected on Schedule J.
Ruling: 
Confirmation denied due to unplanned discrepancy between disposable income calculated on Form 22C and not income on Schedule J.
ABI Membership is required to access the full summary of In re Lisenko. 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 March 24,2008, LexisNexis #0508-054

In re Cantico Intl Ltd.

A trustee filed a motion for monetary sanctions, pursuant to Fed. R. Bankr. P. 9011, against a putative owner and his attorney in an involuntary chapter 11 case.
Ruling: 
Sanctions imposed against putative owner of property for filing involuntary chapter 11 case to delay foreclosure without justification.
ABI Membership is required to access the full summary of In re Cantico Intl Ltd.. 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 March 19,2008, LexisNexis #0508-057

In re Schick

The individual debtor in this involuntary chapter 11 case moved to reopen it and compel his former trustee to administer a heretofore undisclosed asset, or else, abandon it.
Ruling: 
Court refused to reopen case to administer undisclosed asset due to debtor's failure to file schedules while case was open.
ABI Membership is required to access the full summary of In re Schick. 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 March 19,2008, LexisNexis #0508-061

Pages