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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 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 Perrotta

The debtor moved for confirmation of her proposed chapter 13 plan. The creditor which held a security interest in the debtor's vehicle filed an objection as well as a motion for relief from the automatic stay or for adequate protection. The creditor contended that the debtor improperly bifurcated its secured claim in contravention of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
Ruling: 
Discovery by United States Trustee not necessary prior to filing motion to dismiss for presumption of abuse.
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Consumer case opionion summary, case decided on November 07,2007, LexisNexis #1207-050

In re Jones

A chapter 13 trustee objected to the confirmation of an above median debtor's plan on that the grounds that 11 U.S.C. § 1325(b)(2) and (b)(3) precluded confirmation when the plan payments were less than the debtor's monthly disposable income.
Ruling: 
Plan payments less than monthly disposable income allowed where all unsecured claims would be paid in full.
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In re Stickney

The debtor filed a voluntary petition under chapter 7 and an application, pursuant to 28 U.S.C. § 1930(f)(1), for waiver of the chapter 7 filing fee. Two months after the court granted the debtor's application for waiver of the filing fee, the trustee in bankruptcy filed a motion to vacate the court's order.
Ruling: 
Debtor who could afford to pay filing fee in monthly installments was not entitled to waiver.
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Alvord v. Harris (In re Harris)

Plaintiff creditor filed an adversary proceeding against defendant debtor, seeking an order denying discharge of debts the debtor owed. The creditor filed a motion for summary judgment on claims alleging that the debtor violated 11 U.S.C. § 727(a)(2)(B), (a)(3) and (a)(4)(A).
Ruling: 
Discharge denied due to debtor's concealment of assets via postpetition transfer.
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In re Wunderlich

Following the court's denial of a chapter 7 debtor's claimed property exemptions under New Hampshire law, the debtor pursuant to Fed. R. Bankr. P. 1009(a) amended Schedule C to claim property exempt under New York law. A creditor filed an objection.
Ruling: 
Former bankruptcy attorney not allowed to amend schedules due to evidence of bad faith.
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Netria Corp. v. Graham (In re Graham)

Creditor filed motions (1) for summary judgment seeking a determination that the debt owed it by chapter 7 debtor was excepted from discharge under 11 U.S.C. § 523(a)(6); (2) for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to allow the state court to enter final judgment and determine the amounts of creditor's liability; and (3) to strike debtor's answer pursuant to Fed. R. Civ. P. 12(f).
Ruling: 
Debtor's misappropriation of trade secrets was willful and malicious rendering debt nondischargeable.
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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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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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