Where the evidence demonstrated the debtor’s wife likely forged his signatures on personal guarantees to obtain loans, the bank failed to carry its burden to prove the guarantees were genuine copies of original documents signed by the debtor. With respect ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Based on evidence that four loan guarantees were the product of forgery by the debtor’s wife, a bankruptcy judge has disallowed more than $2.3 million in claims by a bank that lent money to a now-defunct real estate investment firm. ...

Tagged with: Judge Klinette H. Kindred U.S. Bankruptcy Court

Where the debtor was induced to buy a bagel business based upon inaccurate information provided by the seller, his objection to the seller’s claim for damages was sustained. But because the debtor received more value from the business than his ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

A debtor’s failure to obtain a stay of the bankruptcy court’s in rem order allowing a foreclosure sale to proceed resulted in that sale terminating any interest by the debtor in the property when it was sold before the district ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

The debtor’s agreement, as part of a divorce proceeding, to pay one-half of certain joint debts incurred with her former husband meant those debts were not dischargeable under Bankruptcy Code § 523(a)(15). Background Plaintiff is the former husband of defendant, ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court U.S. District Court - Eastern District

A debtor who filed multiple petitions – allegedly as part of a scheme to delay, hinder or defraud his bank’s attempts to foreclose on real property – had his case dismissed because, despite prior warning, he failed to adequately demonstrate ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court U.S. District Court - Eastern District

The court dismissed most of the objections to an ex-husband’s bankruptcy plan that were made by his former spouse, although it did hold the current, higher value of real property should be used, rather than the assessment that was made ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court U.S. District Court - Eastern District