2022 Judge Papalia - Opinions

Judge Vincent F. Papalia -- Opinions signed in 2022

 

12-1769 Steven P. Kartzman, as Chapter 7 Trustee v. Latoc, Inc., Opinion After Trial On Issue of Reasonably Equivalent Value, 4/29/2022

Opinion Summary as follows:
Following trial on the Chapter 7 Trustee’s avoidance action, and after remand from District Court on issue of reasonably equivalent value, the Bankruptcy Court found that Debtor served as a mere conduit or pass-through for a $2 million loan, the proceeds of which Debtor had immediately disbursed to non-debtor entities. Finding that Debtor received no value and no reasonably equivalent value for the loan, the Bankruptcy Court avoided the loan and Debtor’s repayment of approximately $600,000 on account of the loan (as well as conditionally expunging the lender’s proof of claim) under applicable sections of the Bankruptcy Code and New Jersey statutes.

 


Opinion 19-1978 Han v Cho, 7/22/2022

Opinion Summary as follows:

Trial Dismissing Plaintiffs’ claims to (1) except $50,000 debt from discharge under  11 USC §523(a)(2)(A) and (2) deny or revoke Debtor’s discharge under 11 USC § 727(A) or (d), issued on July 15, 2022.

 


 

 

 

 

 

 

 

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