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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

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 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 Machado

The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 trustee objected because the plan: (1) discriminated in favor of nondischargeable student loan debt and against other nonpriority unsecured debt, and (2) excluded certain cure-and-maintain payments on long-term unsecured debt from the chapter 13 trustee's statutory compensation.
Ruling: 
Confirmation denied due to failure to channel cure payments through trustee.
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Consumer case opionion summary, case decided on November 06,2007, LexisNexis #1207-058

Braunstein v. Milhem (In re Milhem)

Plaintiff trustee sought summary judgment on an adversary complaint requiring debtor, per 11 U.S.C. § 521(a)(4) and 11 U.S.C. § 542, to turn over proceeds of a postpetition sale of a trust interest and certain banking records. It also sought an order applying debtor's interest in his brother's probate estate to debtor's obligations to the bankruptcy estate based on an alleged failure to turn over other assets. Debtor opposed the motion.
Ruling: 
Debtor ordered to turn over proceeds of sale of gas station deposited in foreign bank account.
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Consumer case opionion summary, case decided on October 31,2007, LexisNexis #1207-043

Potapov v. Dunn (In re Dunn)

On remand from the District Court for the District of Massachusetts, the court considered a motion for summary judgment filed by plaintiffs, an individual brokerage firm customer and a corporate brokerage firm customer, in their action against defendant chapter 7 debtors, seeking a determination that a debt owed by the debtors arising from an arbitration award was excepted from discharge under 11 U.S.C. § 523(a)(4) and /or (a)(6).
Ruling: 
NASD arbitration award not excepted from discharge where role of each of debtors in fraudulent transfer was not clear.
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Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-132

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