14bk41230, 16ap00394
Upon crossing motions for summary judgment in an adversary proceeding seeking fraudulent transfer and other relief from the prepetition management and owners of the debtor, held:  The plaintiff/trustee failed to establish grounds for summary judgment in his favor...

22bk04449
On the debtor’s motion seeking an order compelling the chapter 13 trustee to refund to the debtor the full amount of payments made by the debtor on his chapter 13 plan prior to the dismissal of the case prior to confirmation of the plan, held:  The trustee is not authorized ...

20ap00246, 18bk20215
Upon the motion for summary judgment, brought by the defendant, alleging that the plaintiff has failed to provide any evidence to support two of the elements of fraudulent transfer counts—that the transfer the plaintiff seeks to avoid was property of the debtor and...

22ap00178, 16bk36530
Upon the motion to dismiss, brought by the defendant, alleging that the court should apply a five-year statute of limitations under limitations borrowing for actions under 11 U.S.C. § 362(k), held:  The defendant has failed to present binding or even persuasive...

20 B 05362
The court granted the chapter 13 Trustee’s motion to modify plan, increasing Debtor’s plan payments to reflect previously undisclosed commission income.  About a month later, Debtor filed her own motion to modify plan, alleging that her employer had changed her position and...

16 B 01529
Debtor objected to the claim filed by the father of her children.  She asserted that he was precluded from relitigating the allocation of certain expenses by an agreed order entered in state court.  HELD: The state court agreed order, signed by both parties, is a settlement...

23 B 00837
Chapter 13 debtor proposed a 36-month plan.  A secured creditor with a claim treated in section 3.3 of the plan objected on the grounds that the plan did not comply with 11 U.S.C. § 1325(a)(6), since this creditor would not receive payment in full within 36 months.  HELD:...

21 B 14066
The chapter 13 Trustee filed a motion to dismiss for nonpayment.  Debtor filed a motion to modify his plan, requesting suspension of payments while he was out on medical leave.  Debtor then filed an amended motion to modify, requesting a longer suspension when his medical...

21 B 01817
Chapter 13 Trustee moved to dismiss Debtor’s bankruptcy case for failure to make payments.  Debtor responded with a motion to modify his chapter 13 plan, requesting a decrease in plan payments as well as a reduction in the plan term.  Although he was a below-median debtor,...

22 B 02091
Debtor moved to modify her chapter 13 plan seven months after confirmation. She requested a decrease in plan payments as well as a reduction in the percentage to unsecured creditors, asserting that certain expenses had increased. The chapter 13 Trustee objected to Debtor’s...

22 B 08732
Mortgage company (“Reliant”) filed proof of claim based on foreclosure judgment.  Debtor objected to Reliant’s claim on the grounds that the foreclosure litigation was commenced after the statute of limitations had expired.  Reliant made two arguments in response: (1) the ...

18 B 03134, 22 A 00016
While his bankruptcy case was pending, and after his discharge was entered, Debtor granted a mortgage without court authority. Trustee sought turnover of documentation and the loan proceeds, first informally and then through a motion for turnover. The court...

22 B 15005
Trustee sought court authorization under 11 U.S.C. § 365(a) to reject a lease, in a transaction that called for the landlord to pay the estate $10,000 and for the lease to be “terminated.”  In the alternative, the Trustee requested approval of the transaction under 11 U.S.C...

22 A 00172, 22 B 08837
Debtor borrowed money from SAIL prepetition.  The agreement between Debtor and SAIL provided for arbitration of all disputes.  SAIL filed a proof of claim in Debtor’s chapter 13 case.  Debtor filed a three count adversary proceeding objecting to SAIL’s claim and...

22 B 13205, 23 A 00016
Chapter 11 debtor asked the court to enter a preliminary injunction halting a creditor’s state court proceedings against its principals.  The state court litigation was based on the principals’ guarantee of a deficiency claim against the debtor.  HELD: 11 U.S.C...

23-02595

22-00030, 18-02853

21 B 09761, 22 A 00177
Richard Fogel, chapter 7 trustee (the “Trustee”) for the estate of Michael J. Palmieri (the “Debtor”), filed an adversary complaint against Specialty Industries II, LLC, Karen Witt, and Nicholas R. Recchia, in his capacity as trustee of The Byron Street Land...

22 BK 06603
After the claims bar date in a Chapter 13 case, an unscheduled creditor moved to vacate a confirmation order under Bankruptcy Rule 9024, arguing his due process rights were violated because he was not given notice of the bankruptcy.
Pre-petition, the creditor had sued...

22 B 9727