In re Dorsie Wayne Mosher, Jr., 06 B 71261
William T. Neary, US Trustee, v. Mosher, 07 A 96013
Issued: November 4, 2009
By Judge: Manuel Barbosa
Summary: The Court ruled in favor of the U.S. Trustee by denying the Debtor’s petition to discharge. Under 11 U.S.C. § 727(a)(2), the Court must grant discharge to the debtor unless the debtor intentionally hindered, delayed, or defrauded a creditor or Trustee. Debtor knowingly failed to list his income and admitted to making a conscious decision to list only certain debts in his petition. The Court finds that the Debtor “knowingly and fraudulently made false oaths” and thus should be denied a discharge under Section 727(a)(4)(A).
View and download the opinion in PDF format here.
In re Jody R. Deutscher and Kelly C. Deutscher, 08 B 73603
Issued: October 28, 2009
By Judge: Manuel Barbosa
Summary: The Court granted U.S. Trustee’s motion to dismiss. Under 11 U.S.C. § 707(b)(1), the Court may dismiss a case in which the debts are primarily consumer debts, if the granting of relief is tantamount to abuse of the provisions of Chapter 7. The Debtors fall under two applicable provisions: 1. Debtors purchased luxuries on credit on the eve of bankruptcy 2. Debtors’ budget is “excessive or unreasonable.” As the Court found, The Debtors want to continue a lifestyle of luxury, purchasing a yacht and boat, “even after seeking a bankruptcy discharge by reaffirming their debt on these luxury items rather than […] do some belt tightening.”
View and download the opinion in PDF format here.
In re Joseph M. Phelan and Mary M. Phelan, 09 B 70398
Issued: October 28, 2009
By Judge: Manuel Barbosa
Summary: Under the Fifth Amendment’s Due Process clause, creditors have the right to “reasonable notice” when being listed as a creditor in bankruptcy petitions. Creditor Employee Benefits Security Administration (ESBA) did not learn of Debtor’s intent to file for bankruptcy until at east two months after the date required by Fed. R. Bank. P. 4007(c). Furthermore, Debtors failed to list EBSA on their bankruptcy petition. Therefore the Court has granted the Secretary of Labor leave to file an adversary complaint for determination of dischargeability.
View and download the opinion in PDF format here.
Categories: 707 · 727 · IL · ND · UST · WD · adversary · bankruptcy · barbosa · ch 13 · ch 7 · chapter 7 · cir 7 · consumer · current-events · discharge · dismissal · individual
Date of Issuance: September 10, 2009
Judge: John H. Squires
Click here to view the opinion in .pdf format.
Categories: Fed. R. Bankr. Proc. · IL · ND · adversary · bankruptcy · ch 7 · chapter 7 · cir 7 · current-events · data · grochocinski · judge · opinion · property · real property · research · squires · trustee
Anybody know a bankruptcy lawyer?
Fr0m The American Lawyer’s Nate Raymond comes this piece about NYC IP boutique Morgan & Finnegan
Morgan & Finnegan, the New York IP boutique that dissolved in February after a raft of partner departures, filed for bankruptcy Tuesday. The Chapter 7 filing, first reported on the blog Above the Law, came six days after a New York state judge placed the firm into receivership in response to a lawsuit by lender JPMorgan Chase. The boutique, whose revenue declined 38 percent last year, listed $6.37 million in assets and $10 million in liabilities. [read the whole article]
Twitter search results for Morgan & Finnegan
Categories: bankruptcy · business filings · ch 7 · chapter 7 · current-events · filings
Tagged: draw, law, lawyer, partner
O'Bama - the fix is in
From CNN.com
Obama foreclosure fix open for business The Obama administration’s foreclosure prevention program is open for business. The multipronged fix calls for companies to help struggling borrowers by modifying loans so monthly payments are no more than 31% of monthly gross income. Under the program, homeowners who haven’t missed a payment can refinance into lower-cost loans even if they have little or no equity. The $75 billion plan will provide incentives to borrowers and loan servicers and investors to spur mortgage modifications. The government will also subsidize interest rate reductions to get borrowers to affordable monthly payments. “This plan will help make home ownership more affordable for nine million American families and in doing so, help to stop the damaging impact that declining home prices have on all Americans,” said Housing Secretary Shaun Donovan. Borrowers can now contact their servicers to see whether they are eligible for assistance. Federal officials will promote the program at homeownership events nationwide.
Categories: CA · bubble · ch 13 · chapter 7 · consumer · cramdown · credit · creditor · crisis · current-events · data · debt · depreciation · discharge · foreclosure · fraud · income · individual · investments · legislation · mortgage · property · real property · research · sale · short sale
