Bankruptcy Court for the District of Rhode Island Court Cases

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  1. In Re Dressler (1996)

    Fredda Dressler ("Fredda" or "plaintiff") asserts that obligations owed her by her former spouse, Chapter 7 debtor Michael B. Dressler ("Michael" or "debtor"), are excepted from discharge under § 523(a)(5) and § 523(a)(15). For the reasons set forth below, I conclude that, although a substantial portion of the indebtedness survives discharge because it is in the nature of alimony or support, the balance is discharged notwithstanding § 523(a)(15).[1]


    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 94-12449. Adv. No. 95-1025
  2. In Re Remington Development Group, Inc. (1995)

    In this adversary proceeding, third-party defendant Keven A. McKenna ("McKenna") has moved to dismiss the third-party complaint. The motion poses the question whether this court has 28 U.S.C. § 1334 "related-to" jurisdiction or 28 U.S.C. § 1367 "supplemental" jurisdiction over a third-party dispute between non-debtors. For the reasons set forth below, I conclude jurisdiction is lacking and grant the motion to dismiss.[1]


    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 93-13020. Adv. No. 94-1214
  3. In Re Kalian (1995)

    Fischer Enterprises, Inc. ("Fischer"), an oversecured creditor, seeks an order compelling the trustee to disburse, subject to available funds, fees, costs and default interest associated with its claim.


    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 92-13641
  4. In Re Gregoire (1997)

    Heard on January 8, 10, and 21, 1997 on: (1) the Trustee's Motion to Vacate an endorsement Order granting the Debtor's Motion to Amend Schedules B and C; and (2) the Trustee's Objection to the Debtor's claim of exemption. The Trustee contends: (1) that the Debtor's attempt to exempt the proceeds of a $35,000 personal injury settlement is time barred; and (2) that the Debtor and his attorney acted in bad faith by failing and/or refusing to provide the Trustee information regarding the claim, and [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 95-12233
  5. In Re Woodhouse (1994)

    The Chapter 13 Debtors seek to treat the second mortgage held by Beneficial Mortgage Company of Rhode Island as wholly unsecured, and to remove said mortgage from their principal residence. In its objection, Beneficial argues that Nobelman v. American Sav. Bank, ___ U.S. ___, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), precludes any modification of its lien on the Debtors' home. For the reasons discussed below, based on the authorities cited, and treating the debt to Beneficial as completely [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 94-10788
  6. In Re Perfetto (2007)

    Heard on the Debtor's objection to this Court's Notice of Missing Documents, requiring her to file Official Bankruptcy Form B22A, after she converted her Chapter 13 case to one under Chapter 7. This dispute raises an issue of first impression in the Nation,[1] but one that has been brewing since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), i.e., whether § 707(b) requires the means test form, B22A, to be filed in cases voluntarily converted from [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: 06-10509
  7. In Re Haffner (1996)

    After notice and a hearing, the court, on its own motion or on a motion by the United States Trustee . . . may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts if it finds that the granting of relief would be a substantial abuse of the provisions of this Chapter. There shall be a presumption in favor of granting the relief requested by the debtor.

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 95-13005
  8. In Re Kingston Turf Farms, Inc. (1995)

    The relevant facts, as follows, are undisputed: On February 27, 1990, Kingston Turf Farms filed a Chapter 11 petition, and nine months later, on November 6, 1990, the case was converted to one under Chapter 7. With the administration of this nearly five year old case finally complete, the Trustee has $56,356 on hand for distribution. This amount is not sufficient to pay Chapter 7 and all Chapter 11 administrative expenses and requests for compensation, as filed. Because of the statutory [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 90-10270
  9. In Re Giorgio (1986)

    Notwithstanding our attempt to be brief, the travel of this case to date, spanning a period of 17 years, and the novelty and complexity of issues of law and fact raised, have resulted in the following (but necessarily) lengthy decision.


    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 8300260, Adv. No. 840016
  10. In Re Almac's Inc. (1994)

    On March 18, 1994, we issued an Order requiring the Debtor to pay all outstanding post-petition taxes on nonresidential leases within twenty-one days, failing which such leases would be deemed rejected. Said Order was made in response to the motions of several lessors seeking the payment of post-petition lease obligations pursuant to 11 U.S.C. § 365(d)(3).[1] Because of the need for an expedited resolution of said motions, our March 18 Order was quite abbreviated. This Memorandum sets forth in [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 93-12090
  11. In Re Cairone (1981)

    Heard on January 27, 1981 on the complaint of the Rhode Island Lottery Commission to determine the dischargeability of a debt which Plaintiff alleges is nondischargeable pursuant to 11 U.S.C. § 523(a)(4).


    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 8000210, Adv. No. 800231
  12. In Re McCullough (2001)

    Heard on the Chapter 7 Trustee's complaint seeking turnover of the Debtor's interest in the proceeds of the Juliet McCullough Trust (hereinafter "the Trust"). This action has been consolidated with the complaint of Rhode Island Depositors' Economic Protection Corporation (hereinafter "DEPCO"), a judgment creditor of the Debtor, to revoke the Debtor's discharge.


    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 98-12466. Adversary Nos. 98-1172, 99-1020
  13. In Re Swartz (1984)

    Household Finance Corporation, the plaintiff in this matter, filed a complaint to have its loan to Glenn R. Swartz, Jr. declared nondischargeable. Swartz counterclaimed (Count I) that the loan contract between the parties is usurious and void because it provides for charges in excess of the legal maximum of twenty-one percent per annum on the unpaid principal balance, in violation of R.I.GEN.LAWS § 6-26-2. Count I also urges that Swartz be allowed to recover all payments of principal and [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 8200636, Adv. No. 820362
  14. In Re Giguere (1994)

    Heard on October 25 and 26, 1993 on Plaintiffs' Complaint requesting denial of the Debtor's discharge under 11 U.S.C. § 727(a) or alternatively, revocation of the Order of Confirmation, pursuant to 11 U.S.C. § 1144. The Plaintiffs allege that the Debtor did not list them as creditors in her bankruptcy schedules, and that she concealed and/or failed to disclose assets which may be property of the Estate. The Debtor disputes that the Plaintiffs are in fact creditors, and asserts that she has no [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 91-10800. Adv. No. 93-1037
  15. In Re Burbank (2009)

    The Trustee objects to confirmation of the Debtors' Plan, on the grounds that: (1) the payments proposed under the Plan do not meet the requirements of the means test, and (2) the Plan does not provide that all of the Debtors' projected disposable income will be applied to plan payments.[1] Specifically, the Trustee objects to the deduction of "ownership expenses" for two vehicles on which the Debtors owe no secured debt or lease payments, and the deduction for mortgage payments on two parcels [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: 08-11620
  16. In Re St. Angelo (1995)

    Heard on the Chapter 7 Trustee's Objection, based on alleged concealment of assets, to the Debtor's claim of exempt property. The travel of this matter and the issues presented herein are as follows: By an Order dated November 28, 1994, the Debtor amended his schedule of assets to include $73,522 from a personal injury settlement, and moved to amend Schedule C, claiming a portion of the settlement as exempt. The Trustee contends that in his initial disclosures the Debtor failed to list this [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 92-12735
  17. In Re Dino (1988)

    Heard on December 2, 1987 on the plaintiffs' complaint to have a debt due from Frank Dino declared nondischargeable. There was an extended hearing and the testimony was wide-ranging — due mostly to the Court's failure to enforce its own rules, i.e., to require the parties to file a Joint Pre-trial Order before commencing trial. We take the responsibility for this, noting as well that the absence of a pre-trial order makes more difficult the job of paying attention to issues and facts that are [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 8700342, Adv. No. 870056
  18. In Re Tobin (1996)

    Before the Court is the Trustee's Motion to Disburse Funds to Chase Manhattan Mortgage Corporation ("the Bank"), an under secured creditor. On January 30, 1996, the Debtors filed a notice of intention to sell real estate located at 33 Lamson Road, Barrington, Rhode Island, which notice stated: "The Debtors intend to sell the Real Estate . . . for the sum of $200,000. The Real Estate is subject to a first mortgage . . . in an amount exceeding $200,000. In addition, the Real Estate is subject to [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 95-10085
  19. In Re Guilbert (1994)

    Heard on December 16, 1993, to consider confirmation of the Debtor's Chapter 13 plan. The Rhode Island Depositors' Economic Protection Corporation ("DEPCO"), a secured creditor, objects to plan confirmation on the ground that the Debtor's plan attempts to modify its secured interest in real estate (which serves as the Debtor's principal residence), in contravention of 11 U.S.C. § 1322(b)(2) and Nobelman v. American Savings Bank, ___ U.S. ___, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993).

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 93-12485
  20. In Re Fisher (1992)

    Heard on July 13, 1992 on the Debtor's Complaint for "turnover and for other relief related to willful violation of the automatic stay and for immediate injunctive relief."[1] The gist of this adversary proceeding concerns the Defendants' allegedly improper repossession of the Debtor's automobile from a parking lot adjacent to the courthouse, immediately following her initial § 341 meeting of creditors. The facts which unfolded at trial were rather disturbing and constitute one of the most [...]

    Court: Bankruptcy Court for the District of Rhode Island Docket: Bankruptcy No. 91-11753, Adv. No. 91-1163

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