The debtor's motion for summary judgment in an action to avoid the lien of a junior lienholder was denied because the defendant(s) were not properly served.

The debtor's employment was terminated shortly before the Chapter 7 petition was filed. Her 401(k) plan was liquidated and the proceeds were deposited in her bank account on the eve of bankruptcy. She spent most of the funds prior to the § 341 meeting. She thereafter amended her bankruptcy schedules to claim the proceeds as exempt because they came from her retirement account. The trustee objected. The court ruled the objection moot, because the money was no longer in the debtor's account and the trustee would have no way of recovering it.

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).

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.

On a request for payment of certain administrative expense claims filed by the debtor's landlords, the court addressed four questions:

The court granted summary judgment to the lienholder in an adversary proceeding where the debtor challenged the assignment of the note and deed of trust on his residence, but produced no evidence to support his allegations.

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.

The bankruptcy court denied a secured creditor's motion for leave to pursue a surcharge under § 506(c) against the collateral of another secured creditor. Generally, only a trustee may seek a § 506(c) surcharge. However, creditors may pursue such a cause of action if they can establish derivative standing.

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.

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.