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View Opinions by Judge James J. Tancredi

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  • Fraudulent Real Estate Investment Claims in a Bankruptcy Case

    Summary Facts This case arises from a Chapter 7 bankruptcy proceeding involving the debtor, Richard P. Simone, who was accused by Andrew Woolf, Andrew Katz, and Elena Vagnerova (the Plaintiffs) of fraudulently inducing them to invest a combined total of $495,000 in a real estate venture in Dubai. The breakdown of their investments is: $225,000 […]

  • Dischargeability of a Post-Petition Student Loan

    Opinion: Case Summary and Analysis Summary Facts David M. Falvo filed for Chapter 13 bankruptcy in 2023, later converting to Chapter 7 and receiving a discharge in 2024. He then sought to discharge his student loans by reopening his case and filing an adversary proceeding, citing undue hardship. The U.S. Department of Education (DOE) responded, […]

  • Judge Tancredi – Debtor’s Discharge Violation Case Against PHH Thrown Out

    Case Facts Samuel Aaron Laurion, a Chapter 7 debtor, initiated an adversary proceeding against PHH Mortgage Corporation, alleging that PHH violated the discharge injunction following his bankruptcy. Laurion had previously quitclaimed his mortgaged property to a trust he controlled. He claimed PHH violated 11 U.S.C. § 524(a) through (1) its suspense account policy, (2) issuing […]

  • Court Clarifies Need for Stay Relief to Repossess Vehicle

    Even after a bankruptcy discharge, secured creditors may still need court permission to repossess estate property. In In re Laurion, the Connecticut Bankruptcy Court explains why a lender had to seek stay relief to recover a vehicle, and how debtor nonpayment and lack of equity supported the court’s decision. Essential reading for lawyers navigating post-discharge […]

  • Attorney Novak, Counsel for Debtor J. Graham Zahoruiko

    Facts Attorney Novak, counsel for debtor J. Graham Zahoruiko, sought $24,650 in fees and $485.88 in expenses. His original agreement was a $7,500 flat fee. After most work focused on fighting a creditor’s valid claim, he amended the fee request. Issues Was Attorney Novak entitled to the full $24,650 in fees beyond the agreed $7,500? […]