2014 Judge Gravelle - Opinions

Judge Christine M. Gravelle -- Opinions signed in 2014

In re: Furino, Case 12-29799, 2/26/2014

Debtor moves for sanctions against secured creditor alleging bad faith in negotiating loan modification under Loss Mitigation Program.  The Court found that the failure on the part of the secured creditor to appear at multiple status conferences or to respond to Debtor’s multiple submissions violated its duty to participate in the Loss Mitigation Program in good faith.  Sanctions in the amount of $5,000 were awarded to Debtor.  
LBR 4001-5, FRBP 9029(b), 11 USC 105
 


 

In re: Sean Johnson, Case 10-26741, 6/16/2014

Secured creditor filed a written objection to confirmation on certain grounds.  At confirmation, secured creditor raised additional grounds for objection.  Debtors took issue with secured creditor raising objections at the hearing that were not contained in the written document.  Debtors submit that the secured creditor accepted the Chapter 13 plan under 11 U.S.C. § 1325(a)(5)(A) by failing to file a sufficient written objection including the issues raised at the confirmation hearing.  The Court found that the filing of an objection and subsequent appearance at the confirmation hearing by the secured creditor was sufficient to demonstrate a lack of acceptance of a chapter 13 plan regardless of the contents of the objection.

 


 

 

In re: Liza Rappaport, Case 11-37107, 10/1/2014

Individual Chapter 11 Debtor moved to expunge the proofs of claim of creditor private equity golf club. The Court found the underlying contract to be neither unconscionable nor the result of a lack of meeting of the minds, and the claim was allowed. The Court further found the contract to be executory and subject to rejection, which constituted a breach, and not a termination of the contract. As the claim included speculative, contingent and unmatured elements, the Court estimated damages. 11 U.S.C. § 365, 11 U.S.C. § 502

 


 

 

 

In re: Maroccia, Case 13-28758, 7/31/2014

Court ruled on the disposition of pre-confirmation payments held by the trustee in a Chapter 13
case which the debtor voluntarily dismissed. Domestic support obligations are not contemplated
under 11 U.S.C. 1326(a)(2), and therefore only debtor’s attorney’s administrative claim was paid
from the trustee’s funds on hand.
11 U.S.C. 507(a), 11 U.S.C. 1326(a)(2), 11 U.S.C. 503(b)


 

 

 

In re: Slater, Case 12-18976, 8/25/2014

Chapter 7 trustee objected to Debtor’s discharge stating that the Debtor concealed property of the
estate within one year prior to the filing, with the intent to hinder, delay or defraud the trustee
and his creditors and that he knowingly and fraudulently made a false oath in connection with his
case. The Court found that the Trustee failed to meet her burden of proof as to dischargeability.
The Court further found that the Debtor met his burden of proof in proving his reliance on the
advice of counsel.
11 U.S.C. §§727(a)(2)(A) and (a)(4)(a)