In re: Burkart (NDNY Chap. 13 Bk 08-61077 (Hon. Diane Davis; decision Feb. 9, 2010): Decision on motion for damages due to violation of the automatic stay. The creditor in question was Administratix of the estate of her mentally-handicapped brother. She obtained a...
In re: Borchert (NDNY Chap. 7 Bk 04-65653 (Hon. Diane Davis; decision Jan. 8, 2010): The issue in this case was whether a class-action settlement was a prepetition or postpetition asset. The debtor filed bankruptcy August 6, 2004, seven months after he started taking...
In re: Henderson (NDNY Chap. 7 Bk 08-60255; AP 09-80035 (Hon. Diane Davis; decision Jan. 27, 2010): Motion for summary judgment in an adversary proceeding to deny discharge or accepted that this charge. The debtor is a home improvement contractor in the creditor is a...
In re Giambrone; Bk 06-03862 (Judge Bucki; Decision March 29, 2007)Pursuant to Bankruptcy Code section 109(h) (3) (A) Exigent circumstances permitting filing of petition without credit counseling. Debtor contacted attorney on 12/5/06 with impending 12/7/06 foreclosure...