Where the debtor inflated his expenses to hide disposable income, and the record showed a pattern of making unsubstantiated expense claims, the court concluded that he filed his three Chapter 13 plans in an effort to unreasonably delay and thwart ...

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

Where the nondebtor’s finances were intertwined with the those of the debtors, but she could not file for bankruptcy protection because it could put her law license, and the only source of income for the debtor, at risk, there was ...

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

Where the court previously dismissed with prejudice the bankruptcy filing of the debtor’s alter-ego, this case was the ninth filed by the alter-ego since 2010 and was filed during a prior bar to refiling, and neither the debtor nor the ...

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

Where a proposed settlement would pay an unsecured creditor ahead of the Internal Revenue Service, which was a senior creditor, it violated the Bankruptcy Code’s priority schemes and was denied. Background In August of 2017, River House Enterprises LC obtained ...

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

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