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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

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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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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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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