2013 Judge Ferguson - Opinions
Judge Kathryn C. Ferguson -- Opinions signed in 2013
Trustee sought to sell property titled in the debtor's name. Tenants who claimed an equitable ownership interest in the property moved to compel abandonment. The court denied the motion based on New York law regarding bona fide purchasers of real property.
The court denied the debtor a discharge under 727(a)(4) based on numerous inaccuracies and omissions in schedules and statement of financial affairs even after the debtor filed three amendments.
The court denied the debtor's discharge under 727(a)(4)(A) for failure to list her on-half interest in a co-op in Hungary.
Rule 3001(f) deficient when a proof of claim is found to not be entitled to a presumption of validity. In absence of legislative guidance, court employed most cost effective means to determine amount of proof of claim.
Court dismisses 523(a)(2)(B) and (a)(6) counts for failure to state a claim and orders plaintiff to amend 523(a(2)(A) count to plead fraud with specificity.