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Segarra Miranda v. Garrido Pagan (In re Garrido Jimenez)

Defendant transferees appealed a decision of the Bankruptcy Court for the District of Puerto Rico that granted summary judgment in favor of plaintiff chapter 7 trustee. The issue was whether the trustee was entitled to avoid the prepetition transfer of real estate to the transferees where the deed was not recorded until after the commencement of the debtor's bankruptcy case.
Ruling: 
Trustee could avoid prepetition transfer of real estate that was not recorded until after petition date.
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Burdick v. OLeary (In re OLeary)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to avoid an alleged transfer as fraudulent. The debtor moved to dismiss. At issue was whether the debtor's bankruptcy estate included an interest in property owned by his wife whom he sued for divorce less than 180 days after the filing of his bankruptcy petition.
Ruling: 
Estate did not have interest in property acquired pursuant to divorce decree that was not entered within 180 days of petition date.
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Whispering Pines Estates Inc. v. Flash Island Inc. (In re Whispering Pines Estates Inc.)

Appellant debtor challenged two decisions of the Bankruptcy Court for the District of New Hampshire that confirmed its chapter 11 plan and granted appellee creditor relief from the automatic stay. The bankruptcy appellate panel only addressed the issues presented in the stay relief order. The question was whether the bankruptcy court had jurisdiction to enter the stay relief order while the confirmation order was on appeal.
Ruling: 
Bankruptcy court lacked jurisdiction to order relief from stay while appeal of confirmation order was pending.
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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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Morse v. George (In re George)

Plaintiff trustee in bankruptcy filed an adversary proceeding against defendant debtor, seeking an order denying the debtor's discharge. The trustee claimed that the debtor should not be discharged because he concealed property with the intent to hinder, delay, or defraud a creditor or the trustee, in violation of 11 U.S.C. § 727(a)(2), and because he knowingly made a false oath concerning the plan, in violation of 11 U.S.C. § 727(a)(4)(A).
Ruling: 
Attorney's carelessness in not updating petition prior to filing not attributed to debtor.
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Jones v. Boston Gas Co. (In re Jones)

Appellant debtor sought review of an order of the Bankruptcy Court for the District of Massachusetts, which denied her claim for sanctions against appellee utility and determined that the utility's termination of her gas service for failure to pay postpetition bills was permitted by 11 U.S.C. § 366(b) and did not violate the automatic stay under 11 U.S.C. § 362.
Ruling: 
Utility could discontinue debtor's gas service for failure to make postpetition payments.
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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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Fields Station LLC v. Capitol Food Corp. (In re Capitol Food Corp.)

Appellant, the corporate owner of commercial premises upon which appellee debtor sought to reorganize under chapter 11 and reopen as a food market, challenged, on appeal of the District Court for the District of Massachusetts'intermediate affirmance, the judgment of the bankruptcy court which denied the owner's motion to dismiss the chapter 11 petition on the ground that it was not filed in good faith.
Ruling: 
Potential loss of lease that would have eliminated chances for reorganization provided grounds for bona fide chapter 11 petition.
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In re Falcone

A debtor filed a petition under chapter 13, and a corporation filed a motion to dismiss the petition, claiming that the debtor failed to comply with 11 U.S.C. § 109.
Ruling: 
Case dismissed where debtor requested temporary waiver and received credit counseling two weeks after petition date for failure to make sufficient effort to comply prepetition.
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