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In re Blessing

Ruling: 
Bankruptcy court had subject matter jurisdiction to interpret prior final order for sale of estate’s interest in company.
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Consumer case opionion summary, case decided on July 18,2016, LexisNexis #0816-057

Sher v. JPMorgan Chase Funding Inc. (In re TMST Inc.)

Ruling: 
Dismissal of proceeding against creditor for breach of repurchase agreement vacated.
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Commercial case opionion summary, case decided on November 14,2014, LexisNexis #1214-060

Sher v. TMST Hedging Strategies Inc. (In re TMST Inc.)

Ruling: 
Constructive fraud claim dismissed.
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Commercial case opionion summary, case decided on September 24,2014, LexisNexis #1014-093

Logan v. McLean (In re McLean)

Ruling: 
Transfers within two years of petition date by debtor's companies to debtor's spouse of payment for work done by debtor were avoidable.
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Consumer case opionion summary, case decided on October 07,2013, LexisNexis #1113-022

In re Kotche

A bankruptcy debtor initially failed to disclose valuable jewelry as property of the debtor and subsequently failed to account for the jewelry. The debtor moved to dismiss her bankruptcy case, and the bankruptcy trustee moved to convert the debtor's Chapter 13 case to Chapter 7.
Ruling: 
Bad faith precluded voluntary dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1111-130

In re Simms

Before the court was debtor's Amended Chapter 13 plan and the objection to confirmation thereto by the Chapter 13 Trustee. The court held a confirmation hearing on November 9, 2010, at which the parties presented arguments and the court took the matter under advisement.
Ruling: 
Confirmation denied where debtor did not take marital adjustment and did not include all of non-debtor spouse's income in disposable income calculation.
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Consumer case opionion summary, case decided on June 30,2011, LexisNexis #0811-068

Parker v. Rosenthal (In re Parker)

Chapter 7 debtor filed a complaint against defendants, a seminary and its attorneys, asserting that they violated the automatic stay that arose pursuant to 11 U.S.C.S. § 362(a). The debtor sought damages and punitive damages. The defendants filed a motion to dismiss, which the court treated a motion for summary judgment because the facts stated in the motion to dismiss and attached exhibits included facts not stated in the complaint.
Ruling: 
Eviction of debtor from student housing did not violate stay where creditor relied on erroneous judgment of state court.
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Consumer case opionion summary, case decided on March 18,2011, LexisNexis #0511-004

In re Landmark Atl. Hess Farm LLC

Movants, the United States Trustee (UST) and a chapter 7 trustee in certain related proceedings, moved pursuant to 11 U.S.C.S. § 1112 to dismiss the chapter 11 filed by debtor. The UST also sought the alternative relief of conversion.
Ruling: 
Chapter 11 case dismissed for cause as an attack on subordination order in chapter 11 case of partnership for which debtor managed loan payments.
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Commercial case opionion summary, case decided on March 03,2011, LexisNexis #0411-025

McDermott v. DB McCully Bail Bonds Inc. (In re McDermott)

A Chapter 7 debtor sought to avoid both pre- and post-petition garnishments of his wages pursuant to 11 U.S.C.S. § 547(b) and 11 U.S.C.S. § 549 by defendant judgment creditor.
Ruling: 
Preference period and postpetition garnishments were avoidable.
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Consumer case opionion summary, case decided on November 22,2010, LexisNexis #1210-125

Logan v. Citi Mortg. Inc. (In re Schubert)

After plaintiff, the chapter 7 trustee, filed an adversary complaint against defendants, Lenders 1 and 2, to avoid Lender 1's interest as a preference under 11 U.S.C.S. § 547 and to determine the value of Lender 2's secured interest, which arose from its grant of an equity line of credit (LOC) to debtors, the court determined that Lender 1's interest was an avoidable preference but left open the issue of whether equitable subrogation applied.
Ruling: 
Equitable subrogation applied to prevent avoidance of refinanced first mortgage in favor of successor to original lender.
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Consumer case opionion summary, case decided on October 12,2010, LexisNexis #1110-094

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