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Lassman v. Keefe (In re Keefe)

Plaintiff chapter 7 trustee objected to the discharge of defendant debtor under 11 U.S.C. § 727(a)(3) on the basis that the debtor destroyed certain documents and records from which his financial condition or business transactions might have been ascertained.
Ruling: 
Discharge denied due to debtor's destruction of records from which financial condition and transactions could have been ascertained.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-030

Askenaizer v. Seacoast Redimix Concrete LLC (In re Charwil Constr. Inc.)

Plaintiff chapter 7 trustee filed a complaint against defendant subcontractor to avoid certain payments under 11 U.S.C. § 547(b) that the debtor transferred to the subcontractor within the 90-day period preceding the filing of the bankruptcy petition. The subcontractor sought summary judgment.
Ruling: 
Release of statutory lien rights was "new value" preventing avoidance of transfer from debtor contractor to subcontractor.
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Commercial case opionion summary, case decided on December 21,2007, LexisNexis #0208-027

In re Cushing

The United States of America filed a motion to dismiss a case which a debtor filed under chapter 13, claiming that the debtor failed to comply with 11 U.S.C. § 1308(a) because she did not file her 2006 federal income tax return before the first meeting of creditors. The debtor opposed the motion.
Ruling: 
Debtor who had received an extension was not required to file federal tax return prior to meeting of creditors.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0108-055

In re Tradex Swiss AG

Petitioning creditors filed an involuntary petition against the alleged debtor, a Swiss corporation. The alleged debtor was also the subject of a pending bankruptcy proceeding in Switzerland. Certain foreign liquidators filed a petition for recognition of the Swiss bankruptcy as a "foreign main proceeding" within the meaning of 11 U.S.C. §§ 1502(4) and 1517. They also moved to consolidate the case and convert it to one under chapter 15.
Ruling: 
Interim trustee appointed to take possesion of involuntary foreign trading platform and bank accounts until ruling on possible conversion to chapter 15.
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Commercial case opionion summary, case decided on December 12,2007, LexisNexis #0108-110

Auburn Dev. Corp. v. Shorton (In re Shorton)

Plaintiff property buyer filed a complaint against defendant chapter 7 debtor, a disbarred attorney, seeking a determination under 11 U.S.C. § 523(a)(4) that the debtor wrongfully and fraudulently converted the assets of the buyer, which the debtor held in a fiduciary capacity, for the debtor's own use.
Ruling: 
Debtor disbarred attorney's use of escrow funds resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on December 03,2007, LexisNexis #1207-116

In re Iron Age Corp.

The debtors'landlord filed a motion for an order allowing and directing immediate payment of administrative expense claims. The landlord sought payment of postpetition rent for property that he leased to the debtors by virtue of a lease entered into prior to the filing of the petition. The landlord argued that pursuant to 11 U.S.C. §§ 365(d)(3), 503(a) and 503(b)(1)(A) his claim was an administrative expense claim.
Ruling: 
Lease that was not legally terminated or rejected gave rise to administrative expense claim for landlord.
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Commercial case opionion summary, case decided on November 30,2007, LexisNexis #1207-114

In re ONeal

The moving creditor, a disbarred attorney who formerly represented the debtor's brother in probate litigation, sought relief from the automatic stay imposed by 11 U.S.C. § 362(a), so he could continue a contempt proceeding pending in a probate court. The debtor filed an objection.
Ruling: 
Attorney disbarred for personal use of escrow funds denied relief from stay to pursue contempt proceeding in probate court.
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Consumer case opionion summary, case decided on November 27,2007, LexisNexis #0108-002

In re Perrotta

The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2) or (b)(3). The debtor filed an objection.
Ruling: 
Dismissal for presumption of abuse denied due to United States Trustee's failure to meet deadlines.
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Consumer case opionion summary, case decided on November 21,2007, LexisNexis #1207-081

In re Maisel

Creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) on the grounds that the debtors had failed to make regular monthly mortgage payments to the lender and had not sought to cure the arrearage or reaffirm the debt. The creditor further sought relief under 11 U.S.C. § 362(d)(2) on the grounds that the debtors had no equity in the property and the property was not necessary to an effective reorganization.
Ruling: 
Creditor's motion for relief from stay granted where debtor intended to surrender property.
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Consumer case opionion summary, case decided on November 15,2007, LexisNexis #1207-073

In re Dilley

An involuntary petition in bankruptcy was filed against the debtor in court. The trustee gave notice of his intention to abandon all of the property placed in trust by the debtor for the benefit of his three children, pursuant to 11 U.S.C. § 554. Two conservators for two of the children and the estate of the debtor's late wife objected to the abandonment.
Ruling: 
Trustee could abandon property placed in trust for children of involuntary debtor who billed estranged wife and mother.
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Consumer case opionion summary, case decided on November 08,2007, LexisNexis #1207-136

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