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Judge Timothy J. Mahoney (Retired)
Security State Bank v. Douglas & Bonnie Percival (In re Percival), Ch. 7, BK86-758, A86-188
Because the court found that the debtors, with intent to defraud, gave false financial statements and transferred property, the debt was non-dischargeable under § 523(a)(2)(A) & (B), and the debtors were denied discharge under § 727(a)(2), (3), & (5)
Shawn & Judy Brooks, BK01-80269, Ch. 13
SportsStuff, Inc., Ch. 11, BK07-82643
The court authorized the appointment of an attorney experienced in personal injury litigation as an expert to estimate the value of personal injury claims against the debtor and prepare a non-binding recommendation for bankruptcy purposes only.
Qualia Clinical Servs., Inc., Ch. 11, BK09-80629-TJM
The debtor sold its accounts receivable to another entity pre-petition. Although the debtor filed a preference avoidance action against the buyer, the buyer nevertheless had the exclusive right to collect those receivables post-petition.
SportsStuff, Inc. v. Rosalyne Attali-In, et al. (In re SportsStuff, Inc.), Ch. 11, BK07-82643-TJM, A08-8009
A motion for stay pending appeal by a vendor that sold the debtor's products and was subject to personal injury claims as a result was denied. The debtor may use liability policy proceeds only pursuant to a confirmed plan, so the vendors are protected.
QA3 Fin'l Corp., Ch. 11, BK80297-TJM
An insurer who filed a pre-petition declaratory judgment action against the debtor in New York could obtain relief from the automatic stay for cause to move forward with that lawsuit because it involves non-core state law contract interpretation.
Southeast Nebraska Cooperative Co. v. David & Pamela Schnuelle (In re Schnuelle), Ch. 12, BK07-42289-TJM, A08-4014
Debtor's intentional misrepresentations on financial statements, including understating liabilities & overstating assets, and his unauthorized use of collateral to feed cattle rendered the debt non-dischargeable under § 523(a)(2)(A) & (B).
Stalnaker v. DLC, Ltd. & DLC Family Trust (In re DLC, Ltd.) (summary judgment), A98-8113, BK97-82177, Ch. 7
Statute of limitations for purposes of fraudulent transfer begins to run when deed is recorded. Settlement of state court lawsuits regarding fraudulent transfers is not res judicata as to trustee's action
Michael D. & Carol L. Alsman v. Home Comings Fin. (In re Alsman), Ch. 13, BK08-81534-TJM, A08-8040-TJM
An unsecured junior lien on debtor's residential real estate may be avoided after the debtor completes Chapter 13 plan payments. The bankruptcy court's Sanders decision, interpreting Nobelman, permits wholly unsecured liens to be stripped off.
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