Bankruptcy Court for the District of New Jersey Court Cases

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  1. In Re Brady (2007)

    William Mackin, Esq., Woodbury, NJ, Henry J. Sommer, Esq., National Assoc. of Consumer Bankruptcy Attorneys, Philadelphia, PA, Tara Twomey, Esq., National Assoc. of Consumer Bankruptcy Attorneys, Washington, D.C., Counsel for Amicus Curiae NACBA.


    Court: Bankruptcy Court for the District of New Jersey Docket: 06-18922/JHW
  2. In Re Wolf (1993)

    This constitutes the court's decision on the parties' cross-motions for summary judgment. The plaintiff in this adversary proceeding, Lee Servicing Co., filed a five-count complaint against the debtors and the chapter 13 trustee to determine the extent and validity of its lien. Lee Servicing held a second mortgage on the debtors' primary residence. Lee Servicing maintains that the debtors' confirmed chapter 13 plan providing for cram down and cancellation of Lee Servicing's lien was improper or [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 92-33397. Adv. No. 93-3245
  3. In Re Arrowmill Development Corp. (1997)

    This dispute, between two nondebtors, comes before the court as a motion by Stefano Delliturri ("Delliturri") to correct a clerical error pursuant to Fed.R.Civ.P. 60(b) and to interpret language contained in the debtor's third amended plan of reorganization as advised by the state court. Delliturri and John, Mary, Joan and Vincent Caglianone (the "Caglianones") were parties to a state court fraudulent conveyance action, Stefano Delliturri v. John Caglianone, Mary Caglianone et al., Superior [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 93-37013
  4. In Re Greate Bay Hotel & Casino, Inc. (2000)

    Before the court for consideration are two competing plans of reorganization, the Park Place Entertainment Corporation plan and the High River plan, filed jointly with the Official Committee of Unsecured Creditors. For the reasons expressed herein, I conclude that both plans are confirmable, and that the High River plan will be confirmed.


    Court: Bankruptcy Court for the District of New Jersey Docket: 98-10001/JHW, 98-10002, 98-10003
  5. In Re Resorts Intern., Inc. (1990)

    Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime by Robert A. Baime, Sharon L. Levine, Roseland, N.J., Gibson, Dunn & Crutcher by Stephen A. Kaplan, Bennett Silverman, Peter C. Rockwell, New York City, for debtors.


    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy Nos. 89-10119, 89-10120, 89-10461 and 89-10462
  6. In Re Jones (1996)

    This is the court's decision on a motion for relief from the automatic stay. The issues addressed herein are: (1) whether the anti-modification provision of Bankruptcy Code § 1322(b)(2) applies to a mortgage which secures no value in light of senior liens, and (2) whether a security interest in fixtures, condemnation awards and insurance proceeds prevents the application of the anti-modification provision. This court has jurisdiction over this matter pursuant to 28 U.S.C. § 157 and § 1334. [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 96-30052
  7. In Re Van Ess (1994)

    Pursuant to 11 U.S.C. § 523(a)(8), Seton Hall University seeks to except from discharge the debt allegedly incurred by the Debtor, David T. Van Ess. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). Venue in this case is proper pursuant to 28 U.S.C. §§ 1408 and 1409. The following constitutes the Court's findings of fact and conclusions of law as required by Bankruptcy Rule § 7052.


    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 93-2246
  8. In Re Downing (1997)

    This matter comes before the court as a motion for reconsideration of an order entered on December 17, 1996, denying the motion of Ford Consumer Finance Company ("Ford") for relief from the automatic stay pursuant to 11 U.S.C. § 362(d). Ford, as the mortgagee on the residence of James M. Downing and Ella D. Downing (cumulatively, the "debtors") seeks relief challenging the debtors' opportunity to cure an arrearage on their home mortgage under 11 U.S.C. § 1322(c)(1) following a foreclosure [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 96-36604
  9. In Re MacGregor Sporting Goods, Inc. (1995)

    Skadden, Arps, Slate, Meagher & Flom by Gregg M. Galardi, Newark, NJ, for Defendants Riddell Sports, Inc., RHC Licensing Corporation, Riddell, Inc., Equilink Licensing Corporation, Macmark Corporation and Ridmark Corporation.


    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 89-01973 (RG). Adv. No. 95-2261
  10. In Re Townley (2000)

    This is the court's decision on a motion by debtors Joan and Herbert Townley to modify a chapter 13 plan after confirmation pursuant to 11 U.S.C. § 1329. The court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 151, and 157(a). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (L) and (K). The issue presented by this motion is whether a debtor may modify a confirmed chapter 13 plan under 11 U.S.C. § 1329 by surrendering the collateral at issue in full satisfaction of the [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: 97-31372 (SAS)
  11. In Re GI Holdings, Inc. (2004)

    Dennis J. O'Grady, Mark E. Hall, Riker, Danzig, Scherer, Hyland & Perretti LLP, Morristown, NJ, Martin J. Bienenstock, Debra L. Goldstein, Kathryn L. Turner, Weil, Gotshal & Manges LLP, New York, NY, Co-Attorneys for the Debtors and Building Materials Corporation of America.


    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 01-30135(RG). Adversary No. 01-3013(RG)
  12. In Re Buildings by Jamie, Inc. (1998)

    This matter is before the court on the nondebtor defendants' motion to dismiss the adversary complaint for failure to state a claim and the plaintiffs' cross-motion for partial summary judgment. The principal issue on these motions is whether a chapter 7 trustee of a corporate debtor has standing to assert an alter ego action on behalf of the estate against nondebtor defendants. The court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 151 and 157(a). This is a core proceeding pursuant to [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 96-39381, Adversary No. 98-3209
  13. In Re Wdh Howell, LLC (2003)

    Presently before the court is a motion for turnover of property filed by Valerae Hurley, the spouse of the debtor, Dr. William D. Hurley. Dr. and Mrs. Hurley received tax refunds from the IRS for tax years 1999 and 2000 in the amount of $78,608.70 and $167,999.00, respectively. Mrs. Hurley, a non-debtor, seeks payment of one half of the tax refunds, $123,303.85. Dr. Hurley filed a voluntary Chapter 11 petition on May 24, 2001. As discussed below and in accordance with New Jersey law and the [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: 01-50618, 01-56422, 01-56423
  14. In Re Adams (1989)

    The matter before the court arises from a motion to enforce the automatic stay filed on February 16, 1988 by David Adams the co-debtor herein against the State of New Jersey, Division of Motor Vehicles ("DMV")[1] wherein the debtor seeks an order and injunction against DMV: (1) to prohibit that agency from further attempts to collect a New Jersey surcharge from the debtor, David Adams ("debtor"); (2) for payment of the debtor's attorneys' fees in connection with the motion; and (3) for the [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 87-05906
  15. In Re Tci 2 Holdings, LLC (2010)

    Before the court for consideration are two competing Chapter 11 plans of reorganization, the Ad Hoc Committee/Debtors' Supplemental Modified Sixth Amended Plan ("AHC/Debtor Plan") and the Beal Bank/Icahn Partners Fifth Amended Joint Plan ("Beal/Icahn Plan"). For the reasons expressed below, I conclude that both plans are confirmable, with certain modifications, and that the AHC/Debtor Plan will be confirmed.


    Court: Bankruptcy Court for the District of New Jersey Docket: 09-13654/JHW
  16. In Re LGI, Inc. (2005)

    Booker, Rabinowitz, Trenk, Lubetkin, Tully, DiPasquale & Webster, P.C, Sam Delia Fera, Jr., West Orange, NJ, for Defendants World Color Press, Inc. (n/k/a Quebecor World (USA), Inc.), Grady W. Jones Company and Unarco Material Handling, Inc.


    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 99-39325 (RG). Adversary No. 01-3642 MS
  17. In Re Elsinore Shore Associates (1988)

    Crummy, Del Deo, Dolan, Griffinger & Vecchione by Michael R. Griffinger, Karen A. Giannelli, David M. Hyman, Newark, N.J., Weill, Gotshal & Manges by Marvin E. Jacob, Jay M. Goffman, New York City, for debtors.


    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 85-06058
  18. In Re Cervelli (1997)

    This matter comes before the Court upon Motion of the debtor, Michael Cervelli ("debtor"), to "strip-off" the unsecured claim of the second mortgagee in this matter, Ocwen Federal Bank, FSB ("Ocwen" or "mortgagee"), pursuant to §§ 506(a) and 1322(b)(2) of the Bankruptcy Code and to treat the entire unpaid balance of such claim as wholly unsecured under the debtor's Chapter 13 Plan.[1] The debtor also seeks a determination by this Court that the mortgage held by Ocwen is not subject to the [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy No. 96-41744 (WFT)
  19. In Re Carlisle Homes, Inc. (1988)

    Hannold, Caulfield, Marshall & McDonnell by Walter Marshall, Jr., Woodbury, N.J., Adelman, Lavine, Gold & Levine by Gary D. Bressler, Philadelphia, Pa., for defendants, Teramo Corp. and Eleanor B. Azzari.


    Court: Bankruptcy Court for the District of New Jersey Docket: Bankruptcy Nos. 88-01170, 88-01171, Adv. No. 88-0879
  20. In Re Liverman (2008)

    The Chapter 13 trustee and an unsecured creditor, eCAST Settlement Corporation, object to confirmation of the debtors' proposed Chapter 13 plan. They challenge as insufficient the plan payments proposed by the debtors. As well, they challenge the validity of the debtors' Form 22C disposable income calculation. Because the debtors have overcome the challenges to the Form 22C calculations and have devoted their projected disposable income to their Chapter 13 plan, the objections are overruled and [...]

    Court: Bankruptcy Court for the District of New Jersey Docket: 07-20590/JHW

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