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Judge Thomas L. Saladino

Bank of Doniphan v. David W. Worrell (In re Worrell), Ch. 7, BK18-41593, A19-4006 (Dec. 5, 2019)

The court granted summary judgment to a creditor and denied the discharge of a debtor who omitted several assets from his schedules and failed to list certain transfers of his interest in assets on his statement of financial affairs. The court found that these omissions were too numerous to be simple oversights; rather, they showed, at a minimum, reckless indifference to the truth, which evidences fraudulent intent concerning false statements under oath that relate materially to the bankruptcy case and warrant a denial of discharge under § 727(a)(4)(A).

Richard D. Myers, Chap. 7 Trustee v. Brian Witt (In re Charles Leonard & Margaret Leonard), Ch. 7, BK15-82016, A17-8019 (Sept. 26, 2018)

The court denied summary judgment in a preference action after determining that the affirmative defenses of contemporaneous exchange for new value, transfers in the ordinary course of business, and new value require factual findings as to the parties' intent.

JN Medical Corp. v. Auro Vaccines, LLC (In re JN Medical Corp.), Ch. 11, BK17-80174, A17-8016 (Apr. 6, 2018)

The court refers the adversary proceeding to federal district court because the complaint alleges state-law non-core claims over which the bankruptcy court does not have authority to enter a final judgment and because the defendant has requested a jury trial, which will not occur in bankruptcy court.

Ron Ross, Ch. 11 Trustee v. John Bartle (In re Skyline Manor, Inc.), Ch. 11, BK14-80934, A16-8024 (Feb. 15, 2017)

The court recommended granting the defendants' unopposed motion to withdraw the reference of this adversary proceeding because the complaint alleges only state-law non-core claims over which the bankruptcy court does not have authority to enter a final judgment. In addition, the defendants are entitled to a jury trial, which will not occur in bankruptcy court.

Jerry J. Morgan, Sr. v. Specialized Loan Svcg. LLC (In re Midland Prop., LLC), Ch. 11, BK 13-81894, A17-8017 (Dec. 8, 2017)

The court denied the debtor's motion for a temporary restraining order to stop a foreclosure sale of certain real estate. In evaluating the Dataphase factors, the court questioned the debtor's standing and found no likelihood of success on the merits because the debtor admittedly had not paid the mortgage for more than three years and tendered no performance or cure at this time.

Official Committee of Unsecured Creditors v. EBF Partners, LLC (In re Cornerstone Tower Service, Inc.), Ch. 11, BK16-40787, A17-4050 (Jan. 3, 2019)

The court ruled on summary judgment in a preference action that a "payment rights purchase and sale agreement" executed between the debtor and a funding company during the preference period was a sale of receivables and not a loan. After analyzing U.C.C. law on general intangibles and payment intangibles, the court determined the assets sold were in fact accounts and not intangibles, and the creditor's interest was unperfected, so the assets were property of the bankruptcy estate.

Specialty Retail Shops Holding Corp., Ch. 11, BK19-80064 (Dec. 16, 2019)

A landlord filed a request for payment of an administrative expense claim for the difference between the amount of post-petition rent it claimed it was due and the amount the debtor actually paid. In December 2018, shortly before the debtor filed bankruptcy in January 2019, it asked the landlord to make some rent concessions to allow the debtor to keep its store open and not reject the lease immediately upon filing its petition. The landlord agreed to, and accepted payment of, a reduced rental rate. The debtor then rejected the lease and closed the store in late April 2019.

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