US Bankruptcy Court DNJ Docket Feed

Del Monte Foods Corporation II Inc. v. Ad Hoc Group of Minority Secured Lenders

The US Bankruptcy Court for the District of New Jersey denied a motion by the Ad Hoc Group of Minority Secured Lenders seeking certification of direct appeal to the Third Circuit Court of Appeals regarding the court's Settlement Approval Order. The settlement, approved following a two-day evidentiary hearing, provided an $8 million recovery to general unsecured creditors. The movants argued the settlement violated core Bankruptcy Code provisions governing creditor treatment under 11 U.S.C. §§ 1129(b)(1) and 1123(a)(4). The court rejected arguments that the settlement raises pure questions of law suitable for immediate appellate review, finding instead that the issues involve application of established legal standards to a detailed factual record.

1st Colonial Community Bank v. Brian Wolfson — Debt Dischargeable After Trial

The United States Bankruptcy Court for the District of New Jersey issued a memorandum decision in 1st Colonial Community Bank v. Brian Wolfson (Adv. No. 23-01390-ABA) after a two-day trial. The court ruled that the debt owed by debtor Brian Wolfson to 1st Colonial Community Bank—related to construction loan transactions for real property at 110 Munn Lane, Cherry Hill, New Jersey—is dischargeable. The court found that 1st Colonial failed to meet its burden of proving the necessary element of reliance required under 11 U.S.C. §§ 523(a)(2)(A) and (a)(2)(B). The plaintiff's motion for summary judgment had previously been denied, and the case proceeded to trial before Judge Andrew B. Altenburg, Jr.

Artur Koziol v. Katherine A. Griffin — Memorandum Decision Denying Motion to Dismiss Adversary Proceeding

The United States Bankruptcy Court for the District of New Jersey denied Katherine A. Griffin's Motion to Dismiss in adversary proceeding 25-01376, allowing Artur Koziol's Chapter 13 case to proceed with his complaint challenging the dischargeability of debt obligations arising from a 2019 divorce decree. The court, exercising jurisdiction under 28 U.S.C. §§ 1334(a) and 157(a), found that the adversary proceeding concerns core proceedings including determination of dischargeability of debts. The defendant had argued the debts were non-dischargeable alimony and domestic support obligations; the debtor contends certain obligations constitute property settlements rather than spousal support.