Judge Brown

In re Haskins

The chapter 13 debtors filed a motion proposed to limit the amount of the allowed claim of respondent creditor holding a secured lien against one of their motor vehicles to the value of the collateral securing the claim, as allowed under 11 U.S.C.S. §§ 506, 1322(b), and 1325(a)(5). The creditor objected to that "cram down" treatment, asserting it was contrary to the dictates of the hanging paragraph following 11 U.S.C.S. § 1325(a)(9).
Ruling: 
Debtors allowed to "cram down" secured claim in 910 vehicle which debtor used primarily for business.
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Consumer case opionion summary, case decided on March 25,2010, LexisNexis #0710-029

In re Dryja

Debtor husband filed a chapter 7 petition. Movant wife filed a motion to obtain relief from the stay under 11 U.S.C.S. § 362(d)(1) to continue a pending divorce action in order to divide the marital property. The husband voluntarily converted his case to a chapter 13 proceeding.
Ruling: 
Relief from stay granted to allow debtor's spouse to proceed with divorce.
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Consumer case opionion summary, case decided on March 03,2010, LexisNexis #0610-078

In re Winter Mfg.

In a debtor's chapter 7 case, movant creditors filed a motion to enlarge the time to file a proof of claim.
Ruling: 
Late filed proof of claim allowed due to lack of service of notice of case or bar date.
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Commercial case opionion summary, case decided on March 02,2010, LexisNexis #0510-126

Colorado E. Bank & Trust v. McCarthy (In re McCarthy)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that loan debts to the creditor were not dischargeable under 11 U.S.C.S. § 523(a)(2)(B) based on false statements by the debtor in a written financial statement. The debtor asserted a counterclaim alleging that the creditor willfully violated the automatic bankruptcy stay.
Ruling: 
Debt nondischargeable due to debtor's false written financial statements.
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Consumer case opionion summary, case decided on November 30,2009, LexisNexis #0110-053

Ag Venture Fin. Servs. v. Montagne (In re Montagne)

Plaintiff creditor filed a complaint related to a promissory note for $ 882,000 that it had entered into with defendants debtor and his wife. Debtor moved to dismiss the creditor's cause of action on the note. Debtor also requested that the court order the creditor to disgorge all loan payments it had received on the note. The chapter 12 trustee joined in the dismissal motion and objected to the creditor's amended proof of claim.
Ruling: 
Creditor's proof of claim was properly filed and was allowed over objection of chapter 12 trustee.
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Consumer case opionion summary, case decided on November 13,2009, LexisNexis #0110-044

In re G-1 Holdings Inc.

In a chapter 11 case, the debtors, together with a committee of asbestos claimants, filed an amended joint plan of reorganization (the Plan) and sought confirmation. The Internal Revenue Service (IRS or United States) filed objections to the plan and sought permission to vote on the plan.
Ruling: 
Plan incorporating global settlement of asbestos claims against debtor approved over objection of the United States.
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Commercial case opionion summary, case decided on November 12,2009, LexisNexis #1209-104

Francis v. Lewis (In re Lewis)

Plaintiff creditor brought a claim to determine the dischargeability of a debt, under 11 U.S.C.S. § 523(a)(6), after he was shot multiple times at close range by defendant debtor. The creditor was granted summary judgment on the merits, and after trial, the court determined the appropriate award of damages. A state court judgment had been entered in the amount of $ 1,000,000 in actual damages and $ 2,000,000 in punitive damages.
Ruling: 
Actual and punitive damages owed to creditor who debtor shot multiple times were nondischargeable.
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Consumer case opionion summary, case decided on October 26,2009, LexisNexis #1209-069

Hall v. Mattix (In re Mattix)

Plaintiff victim brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a potential debt to the victim who was shot by the debtor was not dischargeable in the debtor's bankruptcy under 11 U.S.C.S. § 523(a)(6) based on willful and malicious injury.
Ruling: 
Potential debt owed to victim shot by debtor was dischargeable absent proof of willful and malicious injury.
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Consumer case opionion summary, case decided on September 18,2009, LexisNexis #1109-021

Rafter Seven Ranches LP v. WNL Invs. LLC (In re Rafter Seven Ranches LP)

Appellant chapter 12 debtor, a partnership, filed a motion seeking damages, attorney fees, costs, and punitive damages against appellees, an LLC and an individual, claiming that they violated the version of 11 U.S.C.S. § 362 that was in effect before Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The United States Bankruptcy Court for the District of Kansas denied the motion, and the debtor appealed.
Ruling: 
Bankruptcy court properly allowed LLC to control growing of crops on chapter 12 debtor's land.
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Commercial case opionion summary, case decided on September 17,2009, LexisNexis #1009-063

In re Matrix Dev. Corp.

Undersecured recourse creditors of the debtor made elections for treatment of their claims under 11 U.S.C.S. § 1111(b)(2). The debtor filed an objection the on the grounds that those creditors were barred from making that election under 11 U.S.C.S. § 1111(b)(1)(B)(ii).
Ruling: 
Unsecured recourse creditor allowed to make election for treatment of claims over debtor's objection.
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Commercial case opionion summary, case decided on July 16,2009, LexisNexis #0809-130

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