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Capital Communs. Fed. Credit Union v. Crowson (In re Crowson)

Plaintiff creditor commenced an adversary proceeding against defendant debtor, seeking a determination that the debtor's credit card debt was nondischargeable as a luxury good under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Credit card debt incurred in order to upgrade timeshare was nondischargeable as a "luxury good."
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Consumer case opionion summary, case decided on October 09,2008, LexisNexis #1208-013

In re Gross

A debtor filed for relief under chapter 7 of the United States Bankruptcy Code and obtained an order of discharge. Almost eight years later, the debtor reopened the case and sought to avoid a lien, pursuant to 11 U.S.C.S. § 522(h), placed on the debtor's property by a judgment creditor.
Ruling: 
Debtor could not avoid lien on homestead after claiming alternative cash exemption.
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Consumer case opionion summary, case decided on October 07,2008, LexisNexis #1108-063

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.
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Consumer case opionion summary, case decided on October 03,2008, LexisNexis #1108-030

In re River Ctr. Holdings LLC

In a contested matter in debtors' jointly administered chapter 11 cases, two lenders moved for entry of an order, pursuant to 11 U.S.C.S. § 105(a) to enforce, inter alia, a "Stipulation and Agreement Regarding Compromise and Settlement" which previously had been approved by the court. Debtors' condemnation counsel sought to assert and enforce their attorney's charging liens against the proceeds of the condemnation award under N.Y. Jud. Law § 475.
Ruling: 
Bankruptcy court issued order for enforcement of approved settlement.
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Commercial case opionion summary, case decided on October 03,2008, LexisNexis #1108-023

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.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-133

Northwestern Mutual Life Ins. Co. v. Delta Air Lines Inc. (In re Delta Air Lines Inc.)

Appellee debtor, an airline, filed a petition under chapter 11 of the Bankruptcy Code, and appellant claimants filed claims seeking payment of approximately $ 1 billion based on tax indemnification agreements (TIAs) the debtor and the claimants entered. The Bankruptcy Court for the Southern District of New York upheld the debtor's objections to the claims, and the parties filed cross-appeals.
Ruling: 
Bankruptcy court properly upheld debtor's objections to claims for payment under tax indemnification agreements where plan provision for payment with stock of reorganized debtor was forseeable.
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Commercial case opionion summary, case decided on September 29,2008, LexisNexis #1108-031

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.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1208-006

Glatzer v. Enron Corp.

Appellee debtors filed petitions under chapter 11 of the Bankruptcy Code, and appellant claimant filed three proofs of claim against the debtors' bankruptcy estates. The United States Bankruptcy Court for the Southern District of New York disallowed and expunged all three claims, pursuant to 11 U.S.C.S. § 502, and the claimant appealed.
Ruling: 
Bankruptcy court properly disallowed all three of creditor's claims based on matters dismissed in state and federal courts.
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Commercial case opionion summary, case decided on September 29,2008, LexisNexis #1108-026

In re Copperfield Invs. LLC

A debtor filed for relief under chapter 11 of the Bankruptcy Code. In addition to the bankruptcy proceeding, the debtor was involved in a civil action pending with the court, that involved substantially the same factual issues as those presented in the bankruptcy proceeding. A creditor filed a motion to withdraw the reference to the bankruptcy court.
Ruling: 
Motion to withdraw reference denied where claims at issue involved core matters.
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Commercial case opionion summary, case decided on September 29,2008, LexisNexis #1208-090

In re Rupp

Debtor declared bankruptcy and claimed a homestead exemption under N.Y. C.P.L.R. art. 5206(a) in the entire value of a home she owned, even though she rented half the home and lived in the other half. A judgment creditor filed an objection to the debtor's claim, in an attempt to preempt a motion under 11 U.S.C.S. § 522(f) that would have avoided his judgment lien on the entire parcel.
Ruling: 
Judgment lien creditor's objection to debtor's state homestead exemption overruled.
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Consumer case opionion summary, case decided on September 26,2008, LexisNexis #1108-009

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