2015 Judge Kaplan - Opinions

Judge Michael B. Kaplan -- Opinions signed in 2015

In re: Christopher P. Andolino - Case 13-17238, 2/25/2015

The Chapter 13 Standing Trustee filed an objection to the Debtor's proposed plan.  The Trustee contends that (i) the Debtor cannot meet the Chapter 13 eligibility requirements for regular income under 11 U.S.C. § 109(e), and (ii) an individual retirement account (“IRA”) inherited by the Debtor pre-petition must be included as property of the bankruptcy estate pursuant to applicable law.  The Court overrules the Trustee’s § 109(e) objection to the extent that the Debtor can properly demonstrate, by way of testimony, affidavit or other competent evidence, his girlfriend’s commitment to fund his Chapter 13 Plan.  Additionally, the Court finds that  the inherited IRA is not property of the bankruptcy estate.
 


 

In re: Ljbara - Case 13-33767, Adv 14-01078, 4/10/2015

Debtor-defendant filed a motion to dismiss Plaintiff's complaint , which alleges (i) that a certain debt is nondischargeable under § 523(a)(2) and (ii) that the Debtor should be denied a discharge under § 727.  The Court finds that the complaint lacks the necessary factual averments and grants the Debtor's motion to dismiss.

 


 

 

In re: Revel - Case 14-22654, Adv 14-01756, 6/24/2015

 

 


 

In Dots v. Capstone Opinion - Adv. No. 14-1816, 7/16/2015

Debtors seek to recover certain alleged preferential transfers approximating $872,425 from Capstone Media. The Court finds that the payments/transfers at issue were not tendered on account of antecedent debts and, therefore, will grant summary judgment in favor of Capstone Media.

 


 

In Liscinski v. Freeport, et. al. - Adv. Pro. No. 11-01813, 11/6/2015

Plaintiff, the Chapter 7 Trustee, seeks to avoid and recover certain transfers in connection with the Defendants' alleged fraud, fraudulent transfers, unjust enrichment, book accounts, and breach of fiduciary duties. The Court grants judgment in favor of the Trustee, finding that the transfers at issue were constructively fraudulent under both federal and state fraudulent transfer statutes.