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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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In re Perfetto

The debtor converted her chapter 13 case to one under chapter 7 and the court issued and order requiring her to file Official Bankr. Form B22A following the conversion. The debtor filed an objection. The issue was whether 11 U.S.C. § 707(b) required the means test form, Official Bankr. Form B22A, to be filed in cases voluntarily converted from chapter 13 to chapter 7.
Ruling: 
Filing of Form B22A required in cases converted from chapter 13 to chapter 7.
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Michaud v. Alblitt & Carulo PC (In re Michaud)

Plaintiff debtor filed a complaint against defendant, agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling: 
Post-confirmation postponement of foreclosure sale while debtor's plan payments were current and no motion for relief from stay was pending violated stay.
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Ostrander v. Gardner (In re Milivision Inc.)

Appellant lenders made a loan to debtor. The next day, debtor's creditors filed an involuntary chapter 11 petition. Unaware of the bankruptcy petition, appellants did not record a financing statement relating to their loan until five days after the loan was made. The bankruptcy court permitted the trustee to invoke 11 U.S.C. § 547, the "strong-arm" provision, to avoid appellants'interest in debtor's assets. They appealed.
Ruling: 
Creditor's postpetition recording of financing statement did not relate back to date of loan.
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Cunha v. Alblitt & Caruolo PC (In re Cunha)

Plaintiff debtor filed a complaint against defendant, an agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling: 
Postponement of foreclosure sale to maintain status quo did not violate stay.
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Collins v. Great Atlantic Mortg. Corp. (In re Lazarus)

The District Court for the District of Massachusetts affirmed a bankruptcy court's entry of summary judgment in favor of creditor mortgagee in declining to set aside a mortgage on the ground that it constituted a preferential transfer pursuant to 11 U.S.C. § 547(b) in debtor co-owner's bankruptcy case. The trustee appealed.
Ruling: 
Debtor's refinance with original mortgagee was preferential subject to possible applicability of 547(c) exceptions.
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