2012 Judge Ferguson - Opinions

Judge Kathryn C. Ferguson -- Opinions signed in 2012

Patterson Dental Supply Company, Inc. v. Bittar, Adversary No. 10-2589, 5/8/2012

The court held that the mere existence of a security agreement does not rise to the level of creating a fiduciary relationship for purposes of 523(a)(4).  The court also found that under the totality of the circumstances the debtor's misuse of the proceeds of the collateral was not wilful or malicious.


Monica Thors vs. Winners International Farm and Thomas Vernooy Adversary No. 10-1078 5/11/2012

Debtor seeking damages for willful violation of the stay must establish actual damages and reasonable efforts to mitigate.



The Roofing Outlet, Inc. vs. Joseph B. Panella Adversary No. 11-1566, 7/3/2012

The Court ruled in favor of the debtor on a complaint based on 11 U.S.C. Section 523(a)(2)(A), (4) and (6).




Davis & McConarty vs Worman case no. 10-48815, 9/14/2012

Non-dischargeability judgment in favor of homeowners against contractor under 523(a)(2)(A)




Designline vs Sarangoulis case no. 09-21745, adv 11-1896, 10/12/2012

The court granted partial summary judgment based on 548(a)(1)(B) and denied summary judgment on 548(a)(1)(A).  The court found that transfers made after initial investment money was stolen were not legitimate and reasonable.




Stanziale vs Cayre case no. 07-11757 adv 08-1201, 12/3/2012

Summary judgment denied.



National Pool Construction, Inc., Liquidating Trust vs. The Provident Bank, et al. Adversary No. 11-2643  12/10/2012

Decision on remand regarding application of the doctrines of equitable tolling and adverse domination on the limitations period set forth in 546(a)(1).









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