Judge Pamela S. Hollis - Opinions / Outlines

Judge Pamela S. Hollis

In Re: Braude Jewelry Corp.
September 30, 2005

00 B 04596

Braude Jewelry filed chapter 11 and successfully confirmed its plan, including assumption of two leases. Within a year, Reorganized Braude filed a new liquidating chapter 11. After accomplishing certain actions -- including rejecting those assumed leases -- Braude II was dismissed. Meanwhile, the UST moved to convert Braude I to Chapter 7 and a trustee was appointed. The landlords whose leases were assumed in Braude I and rejected in Braude II filed claims in Braude I, seeking administrative priority for the claims arising from the breach of their leases. The IRS also filed a claim in Braude I, seeking allowance of a claim based on penalties for unpaid withholding and FICA taxes incurred during Braude II's post-petition business operations. The Braude I trustee filed an omnibus objection to claims. Held: Objections overruled and (1) landlords' claims allowed with administrative priority and (2) IRS claim allowed as a priority unsecured claim.

In Re: James Brown
July 8, 2005

03 B 23239

Chapter 13 debtor not required to turn over proceeds of refinance to Trustee.

03 B 42061, 03 A 04790

Plaintiff sought finding that state court sanctions judgment against defendant was nondischargeable pursuant to 523(a)(6). At summary judgment, court had ruled that only issue for trial was whether defendant had the subjective knowledge that plaintiffs were substantially certain to be injured by his frivolous pleadings. Following trial, court held that defendant did have such subjective knowledge and therefore his debt was declared nondischargeable.

04 B 26948

Our Chapter 13 Model Plan does not modify a mortgagee's rights in violation of the Code. Instead, it simply provides a mechanism for adjudicating disputes involving those rights, such as might arise over postpetition defaults, fees, and costs of collection.

In Re: Elizabeth T. Dilling
February 24, 2005

04 B 03574

Judgment debtor did not have sufficient assets to obtain an appeal bond, and after several efforts to post alternative security, filed an individual chapter 11 case. Judgment creditor moved to dismiss the bankruptcy as a bad faith filing or in the alternative to appoint trustee or convert case. Motion denied following an evidentiary hearing.

In Re Renee Jackson
October 21, 2004

00 B 24953

Confirmation of a chapter 13 plan, alone, does not value individual assets scheduled by debtor. Bankruptcy Court must hold a hearing to expressly value an asset for purposes of 348(f) of the bankruptcy code.

97 B 16918, 02 A 01859

Upon reconsideration, Debtor satisfied all three elements of the Brunner test and her student loan was discharged pursuant to 11 U.S.C. section 523(a)(8). Availability of income-contingent repayment plan did not preclude finding of undue hardship.

In Re: David Vlcek
February 10, 2004

03 B 28311

Pursuant to 11 USC 110(i)(1), if a bankruptcy petition preparer has violated any part of section 110, the bankruptcy court shall certify that violation to the district court.

In re: Artra Group, Inc.
December 2, 2003

02 B 21522

An expert witness is not a "professional person" whose retention must be approved under 11 USC 327.

 

02 B 21522, 02 A 01086

The permanent injunction rejected by this court in September was amended to bar only those claims based on or derivative of injuries to the debtor or the estate, and the settlement agreement was approved.

 

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