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Judge Timothy J. Mahoney (Retired)
Richard D. Myers, Chap. 7 Trustee v. Maureen Raynor (In re John P. Raynor), Ch. 7, BK04-83112-TJM, A06-8105-TJM
The court ruled that the debtor had no standing to move to strike pleadings in an adversary case in which he was an intervenor. The allegations of the complaint were not directed at the debtor, nor was any affirmative relief requested with regard to him.
Raymond & Carrie Strehlow v. Josh Richardson (In re Richardson), Ch. 7, BK06-81538-TJM, A06-8121-TJM
Plaintiffs' motion for summary judgment on their objection to debtor's discharge for allegedly concealing income and understating asset value was denied because they failed to file any supporting evidence as required by local procedural rules.
Richard D. Myers, Chap. 7 Trustee v. Joseph Mandolfo (In re Mario Mandolfo), Ch. 7, BK04-84061, A05-8075
The creditor obtained judgment liens on the debtor's real property within 90 days propr to the petition date. Those liens were transfers on account of an antecedent debt made while the debtor was insolvent, so they were avoidable as preferences.
United Fire & Cas. Cos. v. David Craig (In re Craig), Ch. 7, BK04-81499, A04-8066
The debt owed to a surety which issued two performance bonds to the debtor's construction business was excepted from discharge under § 523(a)(2)(A) because the debtor forged his brother-in-law's signature on the required indemnity agreements.
Randy E. & Ann L. Allen, Ch. 13, BK09-40481-TJM
The lender's motion for stay relief was deferred to allow the debtors to catch up on regular monthly mortgage payments – which the bank was directed to accept without prejudice to its position – as well as any escrow deficiency for taxes and insurance.
Debra S. Leise-Perk & Richard L. Perk, Ch. 7, BK07-40279-TJM
The Bankruptcy Code's automatic stay provision does not prohibit the perfection of a lien on a motor vehicle within 30 days after the debtor obtains possession of the vehicle, and the trustee may not avoid such a lien that was timely perfected.
Randy C. Melcher, Ch. 12, BK09-40653(relief)
The debtor's proposed plan was infeasible & unconfirmable. Plan payments exceeded anticipated income. The plan failed to account for taxes and attorney fees, and its terms preferred operating lenders over debtor's domestic support obligations.
Reuben Olson, BK02-83078, Ch. 13
Debtor's motion to file a priority tax claim on behalf of the IRS is denied. Unlike Chapters 7 and 11, there is no bifurcated tax year in Chapter 13. The creditor must file a claim under Section 1305 before Sections 502(i) or 507(a)(8) become applicable
Richard D. Myers, Chap. 7 Trustee v. Maureen Raynor (In re John P. Raynor), Ch. 7, BK04-83112-TJM, A06-8105-TJM
On reconsideration, summary judgment was granted in the defendant's favor, holding that pre- and post-petition house payments were not avoidable transfers. The only issue for trial was the debtor's transfer of interests in marketable securities.
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