2014 Judge Winfield - Opinions

Judge Novalyn L. Winfield -- Opinions signed in 2014

In re Williams, case no.: 09-42400, 1/24/2014

Court determined that applicable commitment period defined in § 1325(b) is a durational requirement, and that § 1329(b)(1) incorporates § 1325(b) as a requirement for modification.



In re Vorel, case no.: 13-30747, 3/18/2014

Motion to dismiss under Section 707(b) denied as untimely.  Equitable tolling doctrine found inapplicable.




In re Sinetos / Inteco, case: 10-45337, adv. 12-2137, 6/16/2014

Summary judgment granted on deemed admissions resulting from Defendant's repeated failure to respond to Requests for Admissions.




In re One2One Communications, case: 12 - 27311, 8/7/2014

Movant failed to demonstrate basis for derivative standing to pursue preference or fraudulent transfer actions.




In re Checchi, case 14-15839, 8/7/2014

Code § 522(d)(5) wildcard exemption may be used by a debtor to exempt real property





In re Palwari, case 09-26178, 8/21/2014

Motion for reconsideration denied based on movant's failure to meet the criteria for granting reconsideration.





In re Chopper Express, adv 14-01231, 10/29/2014

The Uniform Commercial Code ("UCC") preempts New Jersey common law conflicts with the UCC, and under the relevant provisions of the UCC the bank had notice of Nissan's claim to the funds prior to the time the deposit of the Debtor's check was honored by the Debtor's bank. As a result, the bank does not qualify for the bona fide payee defense and the funds must be returned to Nissan.




In re New Life, adv 13-1076, 12/3/2014

Judgment granted in favor of Defendants because facts demonstrate that there is no benefit to the estate from the avoidance of the alleged fraudulent transfers, and therefore § 550(a) is not satisfied.










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