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Baldiga v. Desai (In re Desai)

Pursuant to Fed. R. Civ. P. 65 and Fed. R. Bankr. P. 7065, plaintiff chapter 7 trustee sought an order enjoining defendants, the debtor and transferees, from transferring, encumbering, or spending any of their assets except as necessary for living expenses of the individual defendants and the ordinary court of business of the entity defendants pending final judgment in an adversary complaint seeking to set aside alleged fraudulent transfers.
Ruling: 
Injunction on transfer, encumbrance or spending of assets granted as to parties trustee alleged were active participants in debtor's fraudulent conduct.
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Consumer case opionion summary, case decided on December 28,2012, LexisNexis #0113-102

In re Hospital Damas Inc.

A chapter 11 debtor filed an objection to claims of two creditors. The debtor alleged that the creditors' answers in opposition to its objections were untimely under D. P.R. B.R. 3007- 1(d).
Ruling: 
Claims disallowed as untimely on debtor's objection under local rules.
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Commercial case opionion summary, case decided on December 26,2012, LexisNexis #0113-080

In re International Home Prods.

Chapter 11 debtors filed a motion pursuant to Fed. R. Bankr. P. 8005 to stay the implementation of the court's order regarding turnover of property.
Ruling: 
Stay of order for turnover of property denied.
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Commercial case opionion summary, case decided on December 26,2012, LexisNexis #0113-103

Randall v. United States Bank (In re Randall)

In this adversary proceeding plaintiff debtors sought a determination of the validity of defendant bank's secured claim. Debtors and the bank filed competing motions for summary judgment, Fed. R. Civ. P. 56, applicable by virtue of Fed. R. Bank. P. 7056.
Ruling: 
Bank's properly filed and documented proof of claim was prima facie evidence of the claim's validity.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-134

In re Krivitsky

Before the court was the chapter 13 trustee's motion to convert the case to a case under chapter 7 of the Bankruptcy Code, relying primarily on 11 U.S.C.S. § 1307(c)(11), which provided for dismissal or conversion of a chapter 13 bankruptcy case for failure of a debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition. Debtor opposed the motion.
Ruling: 
Case converted to chapter 7 due to failure to pay postpetition domestic support obligation.
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Consumer case opionion summary, case decided on December 17,2012, LexisNexis #0213-097

Hovey v. Vale Realty Trust (In re Hovey)

Chapter 13 debtor and her non-debtor common law husband sought relief from the actions of their landlord and its trustee, who had moved for relief from the automatic stay for cause to proceed with summary eviction proceedings against debtor and spouse in the state court. Landlord also dismissal of the debtor's chapter 13 case with prejudice due to her delay and her bad faith in filing of serial prior bankruptcy filings.
Ruling: 
Landlord granted partial relief from stay to pursue eviction against debtor and common law spouse.
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Consumer case opionion summary, case decided on December 14,2012, LexisNexis #0113-005

Rentas v. Claudio (In re Garcia)

Plaintiff chapter 7 Trustee brought an adversary proceeding seeking the turnover of certain funds resulting from the public auction of certain properties in which the debtors claimed an interest. Defendants sought to nullify the contracts or, alternatively, they contended that equitable remedies warranted that they should be compensated.
Ruling: 
Trustee entitled to turnover of proceeds of shares of interest in real estate, which were acquired prior to petition date.
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Consumer case opionion summary, case decided on December 13,2012, LexisNexis #0113-068

Stowe v. Stowe

Creditor sought a nondischargeability determination under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). Relying on the res judicata effect of a state court final order, the creditor filed a motion for summary judgment.
Ruling: 
State court judgment based on larceny and embezzlement was nondischargeable.
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Consumer case opionion summary, case decided on December 07,2012, LexisNexis #0113-015

Rossman v. United States (In re Rossman)

Chapter 7 debtor filed a complaint against the IRS for a determination of dischargeability of indebtedness pursuant to 11 U.S.C.S. § 523(a)(1)(C), seeking a judgment determining that assessed but unpaid federal income tax liabilities for the tax year 1986 and the assessed and unassessed interest and penalties with respect to those tax liabilities were dischargeable in his bankruptcy case.
Ruling: 
Assessed but unpaid income tax liability was nondischargeable along with interest that was not challenged by debtor.
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Consumer case opionion summary, case decided on December 05,2012, LexisNexis #1212-117

In re Gulfcoast Irrevocable Trust

Debtor trusts filed separate petitions under chapter 11 of the Bankruptcy Code, and the Federal Deposit Insurance Corporation ("FDIC") filed motions to dismiss all three cases on the ground that the trusts were not eligible under 11 U.S.C.S. § 109 to declare bankruptcy. The court considered the FDIC's motions together because the agreements creating the trusts were essentially the same.
Ruling: 
Trustee met burden of showing trusts were not valid business trusts and were ineligible debtors but debtors were given opportunity to rebut findings.
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Commercial case opionion summary, case decided on November 30,2012, LexisNexis #1212-106

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