This case presents what appears to be an issue of first impression for this court. That is, what effect, if any, does the conversion of a bankruptcy case from a Chapter 11 case to a Chapter 7 case have on the 11 U.S.C. § 364(c)(l) "super-priority" administrative claim of a Chapter 11 debtor in possession lender. Specifically, the court must decide if conversion to Chapter 7 subjects the "superpriority" status granted to the lender pursuant to § 364(c)(1) to the priority provisions of 11 U.S.C.

The court, applying New York law, ruled on summary judgment in a preference action that a merchant cash advance ("MCA") agreement executed between the debtor and a funding company during the preference period was a true sale of receivables and not a disguised financing arrangement. The funding company's argument that the transfers were in the ordinary course of business required an inquiry into the facts, so the matter was set for trial.

The court granted summary judgment to a creditor owed a debt arising from damages and injuries resulting from an assault committed by the debtor. The state court judgment established the elements of willfulness and maliciousness under § 523(a)(6), so the debt is excepted from discharge.

The court granted summary judgment to the debtors, ordering that a wholly unsecured junior lien on the debtors' residential real estate may be avoided after the debtors complete Chapter 13 plan payments.

The debtors filed this adversary proceeding to stop the IRS's post-discharge collection of pre-petition taxes that the debtors believed were paid through the Chapter 13 plan. The court granted summary judgment to the IRS because the taxes arose from late-filed returns and were not dischargeable under §§ 1328(a)(2) and 523(a)(1)(B)(ii). The debtors had miscalculated the amount due when they objected to the IRS's claim; because the IRS was not properly served with notice of the objection, it did not oppose the objection.

An unsecured creditor in a Chapter 7 case may include post-petition attorneys' fees in its proof of claim, but it may not recover post-petition interest.

The bankruptcy court granted the Chapter 7 trustee's motion for turnover of a vehicle which was titled only in the debtor's name, although the debtor claimed his non-debtor spouse also held a 50% ownership in it. The court ruled that the trustee's strong-arm powers under § 544 trump the non-debtor spouse's claim of an equitable interest in the vehicle, and noted that creditors and bankruptcy trustees need to be able to rely on certificates of title in order to ascertain valid ownership and security interests in vehicles.

A deficiency remained after a deed of trust sale, so the creditor sought to pursue that debt in bankruptcy court. The court ruled that the creditor lacked standing because it had not obtained a deficiency judgment under Nebraska law and therefore was barred from bringing "an action" to recover the balance due. However, the creditor is likely entitled to pursue its non-judicial remedies under the UCC, and the bankruptcy court would go forward with a trial on the creditor's motion for relief from stay to do so.

After a trial on a complaint by a creditor alleging non-dischargeability of a debt under 11 U.S.C. § 523(a)(4) arising from the financial problems of an LLC in which the creditor and the debtor were members, the court ruled in the debtor's favor. There was no evidence of a technical or express trust as required by § 523(a)(4), nor did the evidence show that the debtor acted in bad faith or with the intent to cause the creditor harm.

The bankruptcy court granted summary judgment to the purchaser of the debtor's residence at a tax sale. The debtor claimed the treasurer's deed was a fraudulent transfer because the purchaser paid less than reasonably equivalent value to acquire the property, but the price paid at a forced sale is considered to be reasonably equivalent value as long as all of the state legal requirements are met. The debtor did not argue or produce evidence showing that the tax sale did not meet legal requirements.