A non-final decision in state court will not prevent the assertion of claims in a bankruptcy proceeding, explained U.S. Bankruptcy Judge Carl L. Bucki in his decision in In re: John David Douds; Gibraltar Industries, Inc. f/k/a Gibraltar Steel Corp. v. John David Douds. The U.S. Bankruptcy Court for the Western District of New York reached this conclusion after reviewing the debtor's motion to dismiss or for summary judgment in the adversary proceeding filed by a company that brought a breach of contract action against the debtor and other defendants in state court. Although a state court appeal pertaining to the defendants' liability for breach of contract was finalized, it did not affect the debtor since he was no longer a party to that appeal due to the automatic stay created when he...
A Florida law authorizing recovery of attorney fees by prevailing defendants applies to a legal malpractice claim filed in a core bankruptcy proceeding, the 11th Circuit has ruled. The plaintiff filed a legal malpractice complaint as an adversary proceeding in bankruptcy court against the law firm that represented her regarding assets that were at issue in the bankruptcy case. Before trial, the firm sent the plaintiff an "offer of judgment" offering to settle the case for $10,000. The plaintiff rejected the offer.
...A plan proposed under Bankruptcy Code (Code) Chapter 13 becomes effective upon conf... this undue hardship determination in an adversary proceeding, see Fed. Rule Bkrtcy. Proc. 7001(6), w...
In an adversary proceeding brought by a former spouse, the U.S. Bankruptcy Court for the Western District of New York was asked to determine if certain debts, already analyzed in a state court divorce proceeding, should be held nondischargeable in the debtor's Chapter 7 bankruptcy. Chief Judge John C. Ninfo, II reviewed the record and the law in In re: Ronald A. Pulver, d/b/a R.A. Pulver Trucking; Mary Ann Gattalaro v. Ronald A. Pulver, ruling that several of the debts were nondischargeable based upon findings of the state court. The court also determined that the plaintiff's motion to amend the complaint should be granted since the proposed amendments arose from the same conduct or occurrence as the original pleadings. Background
... IN THE UNITED STATES COURT OF APPEALS. FOR THE FIFTH CIRCUIT... various decisions of the United States Bankruptcy Court for the Southern District of Texas. For the ... of the bankruptcy cases and associated adversary proceedings are extensive, and we recount only the...
The U.S. Supreme Court will decide whether a student loan can be discharged in Chapter 13 bankruptcy without proving "undue hardship" and without commencing an adversary proceeding. The Court will review a case from the 9th Circuit in which the debtor sought to discharge debts that included $13,250 for student loans.
The US Bankruptcy Code grants broad rights and powers to an official committee of unsecured creditors in a chapter 11 bankruptcy case. Among the statutory entitlements of a creditors' committee is the right, pursuant to 11 USC Section 1109, to raise and appear and be heard on any issue in a case under chapter 11. In the seminal case of In re Marin Motor Oil Inc the court held that a creditors' committee has an absolute right to intervene in an adversary proceeding arising out of a chapter 11 bankruptcy case. It remains uncertain whether the Second Circuit's decision will turn the tide of judicial opinions back towards favoring the Marin holding. This article analyzes those arguments and ultimately concludes that the Marin holding, allowing an absolute right of intervention to all partie...
Diamonds may be a girl's best friend, but the failure to list a diamond ring among the debtor's assets in In re: Marie Moscato Foxton, f/d/b/a Lakewood Natural Foods, and as an officer of Four Sisters Natural Foods, Inc. led Chief Bankruptcy Judge John C. Ninfo to rule against a Chapter 7 discharge. After reviewing the schedules and statements filed in the case, the Chapter 7 trustee filed an adversary proceeding in the U.S. Bankruptcy Court for the Western District of New York, objecting to the debtor's discharge pursuant to 11 USC Section Section 727(a)(2) and (a)(4). The court determined that a diamond ring was willfully concealed when the debtor filed her schedules and statements.
Where a debtor's bankruptcy trustee filed an adversary proceeding against the debtor's matrimonial attorney, the U.S. Bankruptcy Court for the Western District of New York found no evidence that the divorce decree was the result of a collusive effort and dismissed the adversary proceeding in John H. Ring, III, as Chapter 7 trustee of the estate of Lizabeth H. Smith v. Robert B. Moriarty. In reviewing the fact pattern before the court, Bankruptcy Judge Michael J. Kaplan relied on the decision in In re Hope, 231 BR 403 (Bankr. D.C. 1999), stating that the divorce decree represented a division of marital property, not a transfer of property.
In an adversary proceeding brought by a Chapter 7 trustee, the U.S. Bankruptcy Court for the Western District of New York heard arguments on various motions in Mark S. Wallach, Trustee v. William P. Brosnahan, Jr.; Anne Laura Koessler Brosnahan; KeyBank National Association; Anne Slubowski; Mary Brosnahan Wachter; William P. Brosnahan, III. After reviewing the pleadings and the law, U.S. Bankruptcy Judge Carl L. Bucki concluded the plaintiff's third cause of action should be dismissed, but all other motions for relief should be denied, without prejudice, until the rights to the debtor's real property are properly determined. KeyBank's motion for stay relief to proceed with a foreclosure and the trustee's cross motion to compel the debtor to pay rent or vacate the property were determine...
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