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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In Re Philgo Realty Co.

The Debtor filed a motion to expunge a claim (Claim Number 8) filed by Worcester Quality Foods, Inc. The claim stemmed from a judgment against the Debtor in a Massachusetts action for a fraudulent conveyance of $144,000.00. The Debtor argued the Massachusetts court lacked jurisdiction and that the judgment violated the automatic stay from the Debtor's involuntary bankruptcy petition. The court denied the Debtor's motion, ruling that the Massachusetts court's jurisdiction determination was res judicata as the Debtor failed to perfect an appeal. Additionally, the court granted nunc pro tunc relief from the automatic stay to the claimant because the Debtor and its principals remained silent about the bankruptcy filing during the Massachusetts action.

BankruptcyClaim ExpungementRes JudicataAutomatic StayDue ProcessFraudulent ConveyanceNunc Pro Tunc ReliefInvoluntary PetitionChapter 11Jurisdiction
References
12
Case No. MISSING
Regular Panel Decision

In re Eppolito

Narsiza Eppolito, the Debtor, filed for bankruptcy in 2012 and was discharged from personal liability on her debts, including a note owned by CitiMortgage, Inc. Years later, after defaulting on her mortgage, Citi offered a loan modification agreement which included a subordinate note and mortgage in favor of the Secretary of Housing and Urban Development (HUD) for a portion of the discharged debt. The Debtor filed a Motion for Contempt, arguing this was an attempt to reaffirm a discharged debt in violation of the discharge injunction. The Court granted the Debtor's motion, finding Citi in contempt for attempting to collect on a discharged debt by requiring the subordinate note. The Court also awarded the Debtor attorney's fees for the costs incurred in bringing the motion.

BankruptcyDischarge InjunctionContempt MotionLoan ModificationReaffirmation of DebtHUD Partial Claim ProgramPersonal LiabilityMortgage DebtAttorney's FeesDebtor Protection
References
19
Case No. MISSING
Regular Panel Decision

In Re Lowe

This is a Chapter 7 bankruptcy case involving a Trustee's objection to the Debtor's claim of exemption for accrued funds from a General Motors-United Auto Workers profit-sharing plan. The central legal question was whether these funds qualify for exemption under New York's "opt-out" exemption statutes, specifically Debtor and Creditor Law § 282 or CPLR § 5205(c), or as a spendthrift trust under federal bankruptcy law. The Debtor presented six arguments, including claims of express statutory exemption, exclusion from the bankruptcy estate, and a cash exemption, along with arguments based on the de minimis amount and equitable considerations. The Court meticulously analyzed New York's convoluted exemption schema and ultimately rejected each of the Debtor's proposed arguments, emphasizing that exemptions must be statutory and cannot be created by the court. Consequently, the Court sustained the Trustee's objection, ordering the Debtor to turn over the profit-sharing funds to the Trustee.

BankruptcyExemption LawProfit Sharing PlanChapter 7Debtor and Creditor LawSpendthrift TrustERISAStatutory InterpretationTrustee ObjectionNew York Exemption Law
References
8
Case No. MISSING
Regular Panel Decision

Pereira v. Young (In Re Young)

This memorandum decision from the U.S. Bankruptcy Court for the Eastern District of New York addresses an adversary proceeding where John S. Pereira, the Chapter 7 trustee, sought to deny the debtor, Ginger Young, a discharge in bankruptcy. The Trustee raised objections under three sections of the Bankruptcy Code, alleging the debtor failed to keep adequate records, knowingly withheld information, and could not satisfactorily explain the loss of assets totaling approximately $140,000 from a property sale and IRA/pension withdrawals. Judge Elizabeth S. Stong considered the debtor's defense of being a victim of severe domestic and financial abuse, supported by expert testimony from Laura Boyd, MSW. The court found the debtor's explanation credible and justified her inability to produce complete financial records and account for the asset disposition due to the traumatic circumstances. Consequently, all of the Trustee's objections to the Debtor's discharge were denied.

BankruptcyChapter 7Debtor DischargeTrustee ObjectionsDomestic AbuseFinancial AbuseRecord KeepingAsset DispositionJustificationCredibility
References
46
Case No. MISSING
Regular Panel Decision

In Re Thomson McKinnon Securities, Inc.

The Chapter 11 debtor, Thomson McKinnon Securities, Inc., moved to disallow James E. Parks' claim, arguing it was filed after the court-ordered bar date of October 30, 1990. Parks, a former customer, did not receive actual notice of the bar date, although the debtor was aware of his potential claim through letters from Legal Services. The court found that due process requires actual notice for known creditors and determined that the debtor had actual notice of Parks' asserted claim. Therefore, the court concluded that Parks was entitled to actual notice, which he did not receive, and granted an extension for his claim. Parks' proof of claim, filed on May 17, 1993, was deemed timely, and the debtor's motion to expunge was denied.

Bankruptcy LawProof of ClaimBar DateExcusable NeglectActual NoticeConstructive NoticeDue ProcessCreditors' RightsChapter 11Debtor in Possession
References
3
Case No. MISSING
Regular Panel Decision

Castillo v. Casado (In Re Casado)

Herman and Janet Castillo, the Plaintiffs, initiated an adversary proceeding to prevent the discharge of the Debtor, Aníbal Casado, M.D., under 11 U.S.C. § 727(a)(4)(A). They alleged that the Debtor made false statements in his bankruptcy schedules by misrepresenting accounts receivable, failing to list household goods, and omitting several pending lawsuits. The Court found compelling evidence that the Debtor made material false oaths and exhibited a pattern of deceit, primarily to avoid paying the Castillos' judgment. Consequently, the Court ruled that the Debtor knowingly made false statements and, therefore, his discharge will be denied.

Bankruptcy FraudFalse OathsDischarge DenialAccounts Receivable UnderstatementUndisclosed AssetsUndisclosed LawsuitsReckless IndifferenceChapter 7 BankruptcyCreditor RightsMedical Malpractice Judgment
References
13
Case No. MISSING
Regular Panel Decision

Varde Investment Partners, L.P. v. Comair, Inc. (In Re Delta Air Lines, Inc.)

This case involves speculative investors, the plaintiffs, seeking to revoke the Comair debtors' Chapter 11 Joint Plan of Reorganization, confirmed on April 25, 2007. They allege fraud in the plan's procurement, specifically that the debtors failed to update claims estimates in their Disclosure Statement, leading to an overestimation of creditor recovery. The reorganized debtors/defendants moved to dismiss the Amended Complaint. The court granted the motion to dismiss, finding it impossible to comply with 11 U.S.C. § 1144(1) by protecting good-faith reliant entities given the plan's substantial consummation. Additionally, the court cited the doctrine of equitable mootness, emphasizing the impracticality of undoing the complex transactions that have occurred since confirmation.

BankruptcyPlan of ReorganizationFraudMotion to DismissDisclosure StatementClaims EstimatesEquitable MootnessConfirmation OrderCreditor VotingAdversary Proceeding
References
61
Case No. MISSING
Regular Panel Decision

In Re G. Marine Diesel Corp.

The Debtor, G. Marine Diesel Corp., objected to a claim filed by An-Frank Metal Fabricating Industries, Inc. (Creditor) for services rendered as a subcontractor on U.S. Navy ship repairs. The Debtor argued the claim included unauthorized work and excessive wage rates. The Court, after reviewing evidence and testimony, found that the Creditor's proof of claim established prima facie validity. However, the Debtor successfully rebutted portions related to unauthorized interest charges, unnecessary re-engineering costs, and unsubstantiated acceleration costs. Consequently, the Creditor's original claim of $298,763.20 was reduced by $145,404.53. The Court allowed the remaining sum of $153,358.67 as an unsecured claim against the Debtor's estate.

BankruptcyClaim ObjectionSubcontractorGovernment ContractEquitable AdjustmentInterest ChargesRe-engineering CostsAcceleration CostsBurden of ProofPrima Facie Evidence
References
12
Case No. MISSING
Regular Panel Decision

In re Voll

The debtors, Patrick L. Voll and Linda P. Voll, filed for Chapter 13 bankruptcy. The New York State Department of Taxation and Finance ("Tax Department") willfully violated the automatic stay by continuing to garnish Mrs. Voll's wages post-petition, despite receiving notice of the bankruptcy filing. The garnishment ceased, and the improperly deducted funds were returned after the Debtors filed a motion for sanctions. The court found that the Tax Department willfully violated the automatic stay. However, the court denied the Debtors' claim for emotional distress damages, finding they failed to provide clear and convincing evidence of significant emotional harm distinct from the general stressors of bankruptcy and other life events. The court awarded the Debtors $13,625.00 in attorneys' fees as actual damages for the willful violation of the stay.

Bankruptcy LawAutomatic Stay ViolationWage GarnishmentSanctions MotionAttorneys' Fees AwardChapter 13 BankruptcyTaxation and FinanceActual DamagesEmotional Distress ClaimsWillful Violation
References
28
Case No. MISSING
Regular Panel Decision

In Re Episode USA, Inc.

Episode USA, Inc., a debtor in chapter 11 bankruptcy, guaranteed a non-debtor affiliate's lease. The affiliate defaulted, leading the landlord, L.H. Charney Associates, to file a claim against Episode. Episode objected to the claim, seeking to cap the unsecured portion under § 502(b)(6) of the Bankruptcy Code and expunge the administrative priority claim. The court sustained Episode's objection, ruling that the § 502(b)(6) cap applies to debtor-guarantors and that the administrative priority claim was not justified as Episode received no benefit from the lease. However, the court rejected Episode's argument for a reduction of the unsecured claim based on mitigation, citing New York law.

BankruptcyLease GuaranteeLandlord-Tenant LawClaim ObjectionSection 502(b)(6)Administrative Priority ClaimDebtor-in-PossessionUnsecured ClaimsLease TerminationGuarantor Liability
References
34
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