Feb
13
2007
In re Brown
The creditor's counsel objected to the chapter 13 trustee's report and filed a motion for the allowance of an administrative expense for professional services rendered, pursuant to 11 U.S.C. § 503(b)(1)(A).
Ruling:
Creditor granted administrative expense for counsel fees due to actions to preserve estate.
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Feb
12
2007
In re Harwick
The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b)(2).
Ruling:
Means test for above median debtors is to be applied to circumstances on petition date and not to possible postpetition developments.
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Jan
31
2007
AmericCERT Inc. v. Straight Through Processing Inc. (In re AmeriCERT Inc.)
Defendant creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 1112(b), plaintiff debtor's chapter 11 bankruptcy case and a motion to dismiss the debtor's adversary proceeding, which sought turnover of computer equipment and alleged that the corporation violated the automatic stay by its continued possession and use of the equipment, threats, and continuation of a district court proceeding.
Ruling:
Case dismissed for bad faith where debtor had no employees or cash flow and was not transacting business.
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Jan
26
2007
Moran v. Wunderlich (In re Wunderlich)
In defendant debtor's bankruptcy action, plaintiff creditor filed a motion for summary judgment on its claim that sought on denial of the debtor's discharge under 11 U.S.C. § 727(a)(2)(A) (Count I), (a)(3) (Count III) and (a)(5) (Count VI). The debtor filed an objection.
Ruling:
Attorney debtor denied discharge due to concealment of second mortgage granted in violation of legal malpractice settlement.
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Jan
19
2007
In re Perfetto
The debtor converted her chapter 13 case to one under chapter 7 and the court issued and order requiring her to file Official Bankr. Form B22A following the conversion. The debtor filed an objection. The issue was whether 11 U.S.C. § 707(b) required the means test form, Official Bankr. Form B22A, to be filed in cases voluntarily converted from chapter 13 to chapter 7.
Ruling:
Filing of Form B22A required in cases converted from chapter 13 to chapter 7.
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Jan
16
2007
Michaud v. Alblitt & Carulo PC (In re Michaud)
Plaintiff debtor filed a complaint against defendant, agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling:
Post-confirmation postponement of foreclosure sale while debtor's plan payments were current and no motion for relief from stay was pending violated stay.
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Jan
16
2007
Cunha v. Alblitt & Caruolo PC (In re Cunha)
Plaintiff debtor filed a complaint against defendant, an agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling:
Postponement of foreclosure sale to maintain status quo did not violate stay.
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Dec
28
2006
In re Whispering Pines Estate Inc.
Creditor, which held a first mortgage and second mortgage on the debtor's property, filed two motions. The first was a motion for relief from the automatic stay, and the second was a motion requesting the court to instruct the United States Trustee to appoint a chapter 11 trustee.
Ruling:
Relief from stay granted to mortgagee creditor due to probable lack of equity and debtor's inability to refinance.
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Dec
01
2006
In re Harris
A debtor who filed for bankruptcy relief under chapter 7 sought to amend his claim of exemptions under Fed. R. Bankr. P. 1009(a) to list certain assets as exempt. However, a creditor and the trustee objected to both the valuation of those assets and to their exemption.
Ruling:
Debtor could not amend schedules to claim exemptions for property that had been intentionally concealed.
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Nov
29
2006
Kalil v. Mullen (In re Mullen)
Chapter 11 debtor filed a motion to dismiss a complaint brought by plaintiff ex-spouse against defendants, debtor and debtor's related entities, which sought to preliminarily enjoin defendants from continuing to pursue a state court fraudulent transfer action.
Ruling:
Proceeding regarding alleged fraudulent transfer of debtor's business to former spouse was related to bankruptcy.
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