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Citation: 261 B.R. 124 | Docket No.: 19-11891
Status: Published | Citing: 14
Summary: 261 B.R. 124 (2001) In re Joseph F. DOWNEY and Mary K. Downey, Debtors. This adversary proceeding addresses the issue of whether a lien under the New Jersey Division of Workers' Compensation statute ("NJ DWC") is a statutory lien under 11 U.S.C. § 101(53)[1], which is unavoidable by the trustee under § 545 under these circumstances, or a judgment lien under 11 U.S.C. § 101(36), which may be avoided by the trustee under 11 U.S.C. § 544(a)(1). FACTS Joseph F. and Mary K. Downey filed a voluntary p......read more.


Citation: 192 B.R. 90 | Docket No.: 19-11847
Status: Published | Citing: 18
Summary: 192 B.R. 90 (1996) In re Frederick J. SCHWARTZ and Shirley A. Schwartz, Debtors. Frederick J. SCHWARTZ and Shirley A. Schwartz, Plaintiffs, v. Richard D. GARDINER, Director, New Jersey Division of Taxation and Commissioner of Internal Revenue, Defendants. The Debtors commenced an adversary proceeding for a determination pursuant to 11 U.S.C. § 505(a)(1) that the debtor, Frederick J. Schwartz, is not a "responsible person" within the meaning of the New Jersey or United States tax statutes such th......read more.


Citation: 90 B.R. 638 | Docket No.: 10-42536
Status: Published | Citing: 18
Summary: 90 B.R. 638 (1988) In re Martin J. PEARSON, Debtor. The matter presently before the court is a motion by General Motors Acceptance Corporation ("GMAC") to allow an administrative claim against Martin J. Pearson, the debtor herein, resulting from the rejection by the debtor of an unexpired lease previously assumed under a confirmed Chapter 13 plan. Prior to the debtor's filing, the GMAC Vandura had been repossessed by GMAC due to the debtor's default under the terms of the lease. The modified pla......read more.


Citation: 245 B.R. 192 | Docket No.: 19-11956
Status: Published | Citing: 25
Summary: 245 B.R. 192 (2000) In re Kay E. BOWKER, Debtor. Section 1306(b)[1] of the Bankruptcy Code provides that the debtor shall remain in possession of property of the estate and § 1303 provides that the debtor has the right to use property of the estate to the exclusion of the trustee. The court concludes that in a chapter 13 bankruptcy case, it is the debtor, and not the trustee, who has standing to retain special counsel to prosecute litigation that is property of the estate. FACTS Kay E. Bowker (t......read more.


Citation: 410 B.R. 397 | Docket No.: 19-11779
Status: Published | Citing: 20
Summary: 410 B.R. 397 (2009) In re Paul A. STEADMAN, Debtor. Archer & Greiner, P.C., Stephen M. Packman, Esq., for Paul Anthony Steadman, Debtor. This Debtor who has: (1) been granted conditional permanent residency due to his marriage to a United States Citizen; and (2) applied together with his spouse to remove the expiration date from his Green Card, meets the statutory exception from chapter 15 as an "alien[ ] lawfully admitted for permanent residence in the United States." FINDINGS OF FACT The purpo......read more.


Citation: 160 B.R. 749 | Docket No.: 19-12058
Status: Published | Citing: 28
Summary: 160 B.R. 749 (1993) In re James CRISPINO, Debtor. James CRISPINO, Plaintiff, v. CHEMICAL BANK NEW JERSEY, N.A., Defendant. The complaint filed by plaintiff James Crispino (hereinafter "the debtor") sought a determination of the validity, priority and extent of a ship's mortgage held by Chemical Bank on a party fishing boat owned by the debtor. The complaint also requested a determination of the validity, priority and extent of a judicial lien on the *751 vessel created by Chemical Bank's levy pu......read more.


Citation: 419 B.R. 603 | Docket No.: 19-12123
Status: Published | Citing: 18
Summary: TRIANGLE TRANSPORT, INC., Chapter 7, Debtor. OPINION MORRIS STERN, Bankruptcy Judge This matter[1] tests the applicability and application of the concept of "good faith purchase" in a Chapter 7 sale of assets. Debtor, Triangle Transport, Inc., filed a Chapter 11 petition on May 1, 2009. It operated through its management (Mr. Parker and Ms. Blanc, in combination controlling shareholders and principal operating officers) as a debtor-in-possession through October 16, 2009, at which time this court......read more.


Citation: 9 B.R. 263 | Docket No.: 16-28349
Status: Published | Citing: 19
Summary: 9 B.R. 263 (1981) In the Matter of BORNE CHEMICAL COMPANY, INC., a corporation of the State of New Jersey, Debtor. BORNE CHEMICAL COMPANY, INC., a corporation of the State of New Jersey, Plaintiff, v. LINCOLN FIRST COMMERCIAL CORPORATION, Defendant. Borne Chemical Company, Inc., the debtor and plaintiff in the above captioned complaint, seeks a declaration of its rights under the financing agreement dated February 29, 1980, which it entered into with the lender and defendant, Lincoln First Comme......read more.


Citation: 397 B.R. 527 | Docket No.: 19-11955
Status: Published | Citing: 28
Summary: 397 B.R. 527 (2008) In re Lori BUCCOLO, Debtor. INTRODUCTION The Debtor, Lori Buccolo, moves to reconvert her chapter 7 case to a chapter 13 case. The legislative history is similarly silent on the point...."); In re Whitlock, 308 B.R. 917, 921 (Bankr.M.D.Ga.2004); In re King, 131 B.R. 207, 209 (Bankr.N.D.Fla.1991); In re Raines, 33 B.R. 379, 381 (M.D.Tenn.1983). Factors relevant to the totality of the circumstances inquiry may include, among others, the following: the nature of the debt ...; th......read more.


Citation: 467 B.R. 327 | Docket No.: 19-12111
Status: Published | Citing: 20
Summary: 467 B.R. 327 (2012) In re JONG HEE KANG, Debtor. Debtor moves to dismiss her Chapter 7 bankruptcy case, arguing the mechanics of the filing process were flawed in that she assumes she did not comply with § 109(h) and § 521 of the Bankruptcy Code; that is, Ms. Kang claims to have never received that credit counseling which is reflected in a November 28, 2011 credit counseling certificate.In particular, Ms. Kang describes the following: (i) her extended contemplation of bankruptcy (culminating in ......read more.


Citation: 47 B.R. 299 | Docket No.: 19-11761-ABA
Status: Published | Citing: 14
Summary: 47 B.R. 299 (1985) In re FLANAGAN BROS., INC., Debtor. OPINION EMIL F. GOLDHABER, Chief Judge:[1] The predominant issue presented in the case before us is whether a general contractor, who under applicable law is a surety for all persons furnishing labor and material on a state building project, may setoff its entire debt to the debtor/subcontractor against the claim of a materialman who supplied goods to the debtor, rather than set-off only a portion of its debt which equals the amount of a div......read more.


Citation: 424 B.R. 663 | Docket No.: 19-11814
Status: Published | Citing: 108
Summary: 424 B.R. 663 (2010) In re NORVERGENCE, INC., Debtor. A-1 Advanced Moving & Storage, Inc., et al., Plaintiffs, v. NorVergence, Inc. and Celtic Bank Corp., et al., Defendants. AM Jewelers, Inc., et al., Plaintiffs, v. NorVergence, Inc. and Dolphin Capital Corp., et al., Defendants. AAAA at Your Service, et al., Plaintiffs, v. NorVergence, Inc. and National City Commercial Capital Corporation d/b/a Information Leasing Corp., et al., Defendants. B-Com Group, et al., Plaintiffs, v. NorVergence, Inc. ......read more.


Citation: 51 B.R. 118 | Docket No.: 07-26051
Status: Published | Citing: 9
Summary: 51 B.R. 118 (1985) In the Matter of Edward & Diane CHRISTIAN, Debtors. This matter comes before the Court on a motion by Union Chelsea Bank to request that the Court hold a hearing in order to determine whether or not this matter should be dismissed for the substantial abuse of the Bankruptcy Code, pursuant to § 707(b). Factually, the parties have deferred the discussion of the fact pattern of this case, and this Court is not called upon to determine whether the conduct of the debtors constitute......read more.


Citation: 295 B.R. 512 | Docket No.: 19-11988
Status: Published | Citing: 32
Summary: 295 B.R. 512 (2003) In re the MURALO COMPANY, INC., a New Jersey Corporation, et al., Debtors. The Muralo Company, Inc., and Norton & Son of California, Inc., Debtors and Debtors in Possession, Plaintiffs, v. All Defendants Listed on Exhibits A Through D to Complaint (as Synkoloid Asbestos Plaintiffs), and Jane Does 1-100, and John Does 1-100, Defendants. The Muralo Company, Inc. and Norton & Son of California, Inc. ("Debtors"), move for relief which, in essence, would permit service of Summons ......read more.


Citation: 276 B.R. 48 | Docket No.: 09-10248
Status: Published | Citing: 36
Summary: 276 B.R. 48 (2002) In re Frances BILLINGSLEY, Debtor. FACTS In May 1987, the debtor, Frances Billingsley, borrowed $750.00 from Temple University through the Federal Perkins Loan/National Direct Student Loan Program. See, e.g., Loyola University v. McClarty, 234 B.R. 386 (E.D.La.1999); In re Scroggins, 209 B.R. 727 (Bankr.D.Ariz.1997); In re Carson, 150 B.R. 228 (Bankr.E.D.Mo.1993); In re Merchant, 958 F.2d 738 (6th Cir.1992); In re Gustafson, 111 B.R. 282 (9th Cir. on other grounds 934 F.2d 216......read more.


Citation: 186 B.R. 375 | Docket No.: 13-28219
Status: Published | Citing: 21
Summary: 186 B.R. 375 (1994) In re David VAN ESS, Debtor. SETON HALL UNIVERSITY, Plaintiff, v. David T. VAN ESS, Defendant. John O. Goins, Goins & Goins, Union, NJ, for David T. Van Ess. Pursuant to 11 U.S.C. § 523(a)(8), Seton Hall University seeks to except from discharge the debt allegedly incurred by the Debtor, David T. Van Ess. STATEMENT OF FACTS On or about March 1, 1993, David T. Van Ess ("Debtor") filed a voluntary petition seeking relief under Chapter 7 of the Bankruptcy Code. SHU contends that......read more.


Citation: 91 B.R. 3 | Docket No.: 12-37737
Status: Published | Citing: 3
Summary: 91 B.R. 3 (1988) In re Shelly DeBAECKE, Debtor. FINDINGS OF FACT On January 21, 1988 debtor Shelly DeBaecke filed a petition for adjustment of her debts under Chapter 13 of the Bankruptcy Code.


Citation: 177 B.R. 814 | Docket No.: 19-12046
Status: Published | Citing: 9
Summary: 177 B.R. 814 (1995) In re NORTH JERSEY TRADING CORPORATION, Debtor. At the most recent hearing on January 17, 1995, the court in removing Ms. Herskowitz ordered that she will not be permitted to appear personally in the courtroom again until further order. Ms. Herskowitz is a shareholder of the debtor North Jersey Trading Co. Susan Charney, Ms. Herskowitz's sister, has been determined by a final judgment of the New York state court to own 40% of the shares of the debtor's stock. [3] Finally, Ms.......read more.


Citation: 252 B.R. 627 | Docket No.: 19-11709
Status: Published | Citing: 20
Summary: 252 B.R. 627 (2000) In re STAFFORD POOL & FITNESS CENTER, Debtor. Stafford Pool & Fitness Center, Plaintiff, v. Township of Stafford, a municipal corporation of the State of New Jersey; Residential Funding Corp., as Assignee of BNY as Nominee for Governmental Finance Co., L.P.; Governmental Finance Co., L.P.; and American Reliable Insurance Co. of Florida, Defendants. This is the court's decision on a motion for summary judgment by defendants Residential Funding Corp. (hereinafter "Residential F......read more.


Citation: 246 B.R. 196 | Docket No.: 19-11789
Status: Published | Citing: 19
Summary: 246 B.R. 196 (2000) In re Francis BERLINGERI, M.D., Debtor. Joanne Buglione, Plaintiff, v. Francis Berlingeri, M.D., Defendant. BACKGROUND In August 1994, after seventeen years of marriage, the debtor/defendant, Francis Berlingeri ("Berlingeri"), filed for divorce from Joanne Buglione ("Buglione"). The court dissolved the marriage and directed, inter alia, that Berlingeri (i) make regular alimony and support payments, (ii) pay Buglione's attorney's fees and certain other professional fees, and (......read more.