2011 Judge Ferguson - Opinions

Judge Kathryn C. Ferguson -- Opinions signed in 2011

Stanziale vs. Sutton 1/20/2011

Court granted summary judgment in favor of the Trustee finding that the Debtor acted with actual intent to defraud under 548(a)(1)(A). The Defendants invested $1.2 million with the Debtor to purchase a commercial building to "flip". The undisputed facts established that the Debtor never purchased the building, but still paid false profits to the Defendants from the "sale" of the building. The Court found that there could be no non-fraudulent reason for such an action.


Stanziale vs. Kohen 1/31/2011

The Trustee’s Adversary Complaint sought a determination that the Estate of Solomon Dwek was the sole member of Monmouth Road Brokers, LLC. Making this decision required the court to interpret and apply the New Jersey Limited Liability Company Act. The court determined that the defendant was the sole member and owner of Monmouth Road Brokers, LLC.


Lavergne vs Lavergne 5/17/2011

Opinion denying summary judgment on 523(a)(5) and (a)(15).


RBC Bank vs. Hoefling Adversary No. 09-2669 5/23/2011

Before the court was an adversary proceeding brought by a creditor seeking to have a debt declared non-dischargable pursuant to 11 U.S.C. §523(a)(2)(B). The Court relied on Ins. Co. of N. Am. v. Cohn (In re Cohn), 54 F.3d 1108, 1114 (3d Cir. 1995) in determining that the creditor neither: (1) actually relied on the material misrepresentation in question nor (2) would such reliance have been reasonable if it were present.


Phillip Gordon Brazer and Dana Lynne Brazer Case No. 10-25451 6/1/2011

Following a valuation hearing pursuant to 11 U.S.C. §506(a), the court valued the debtor's residence at $557,586.


Gambacorto Case No. 11-18849 Letter Opinion 7/27/2011

The Court found that the petition was not filed in good faith pursuant to 1307(c).


Lofton Case No. 10-37223 8/22/2011

Valuation hearing for confirmation purposes. Court found that it is acceptable to use properties in foreclosure to determine fair market value.


 

Erez Health Care Realty Case No. 07-16649 10/28/2011

The Court valued a residential health care facility for purposes of determining proper tax assessment under Section 505.