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Judge Brown

Hof v. Chandler (In re Levitron LLC)

Plaintiff bankruptcy trustee brought an adversary proceeding against members of a bankruptcy debtor, a limited liability company (LLC), seeking to recover the amount of a loan to the debtor which the members used to pay personal ex-penses.
Ruling: 
Member's uses of debtor LLC's loan funds were avoidable preferential transfers.
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Commercial case opionion summary, case decided on April 10,2012, LexisNexis #0512-022

In re Colorado Altitude Training LLC

Movant, the assignee of all of debtor's right, title and interest in certain intellectual property including certain patents, asked the court to clarify an earlier order granting relief from stay per 11 U.S.C.S. § 362 and allowing movant to seek injunctive and monetary relief for debtor's alleged postpetition infringement of movant's rights. Debtor did not file papers in opposition to the motion for clarification.
Ruling: 
Stay did not apply to action seeking to enjoin allegedly unlawful postpetition conduct by debtor.
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Commercial case opionion summary, case decided on March 23,2012, LexisNexis #0412-075

In re Kuch

Debtors filed a petition under chapter 7 of the Bankruptcy Code, but their case was dismissed. The debtors filed a letter with the court which contained allegations of misconduct against a person they hired to help them file their case, and the court reopened the case and issued an order to that person and a business he operated to show cause why he should not be sanctioned for violating 11 U.S.C.S. § 110.
Ruling: 
Bankruptcy petition preparer sanctioned for multiple violations.
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Consumer case opionion summary, case decided on March 12,2012, LexisNexis #0412-005

In re Footen

This matter came before the court on the trustee's objection to debtors' claimed exemptions.
Ruling: 
Debtors who were ineligible for exemptions in current or former home state could claim federal exemptions.
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Consumer case opionion summary, case decided on February 29,2012, LexisNexis #0412-010

In re Xavier PS Inc.

The chapter 11 debtors filed a motion to require disgorgement by their former counsel of all fee payments taken without court approval and disclosure. The former counsel filed a final application for allowance of attorneys fees and reimbursement of costs.
Ruling: 
Debtor's attorney ordered to disgorge fees due to failure to comply with disclosure requirements.
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Commercial case opionion summary, case decided on February 27,2012, LexisNexis #0312-071

In re Threadneedle St. LLC

In a single asset real estate case, the debtor objected to an amended proof of claim filed by a secured creditor under 11 U.S.C.S. § 506.
Ruling: 
Oversecured creditor entitled to reimbursement of reasonable postpetition expenses, fees and costs.
ABI Membership is required to access the full summary of In re Threadneedle St. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 25,2012, LexisNexis #0212-081

In re Gentry

The chapter 13 trustee objected to the debtors' proposed plan. The parties disputed whether the debtors, a married couple, had to include unemployment compensation in their calculation of "current monthly income" (CMI) on Form 22C.
Ruling: 
Confirmation denied due to failure to include unemployment compensation in current monthly income calculation.
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Consumer case opionion summary, case decided on December 19,2011, LexisNexis #0112-071

In re Local Serv. Corp.

A chapter 7 trustee and a chapter 11 trustee filed a motion under 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9019 to approve a settlement agreement of adversary proceedings alleging fraudulent conveyance against a limited liability company (LLC) and against the chapter 7 debtor's wife. One creditor objected to the proposed settlement.
Ruling: 
Trustee's settlement of fraud claims that would be expensive and difficult to prove approved in best interests of estates' creditors.
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Commercial case opionion summary, case decided on December 19,2011, LexisNexis #0112-102

Kinkade v. Kindade (In re Kinkade)

Ex-spouse filed a complaint against chapter 7 debtor seeking a determination that a debt owed to her under a state court judgment was nondischargeable under 11 U.S.C.S. § 523(a)(5) and (a)(15). Both parties filed motions for summary judgment.
Ruling: 
Obligation incurred in divorce proceeding was nondischargeable whether or not it was a community debt.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #0112-016

Hoffman v. Black (In re Black)

Following the entry of a state court judgment against defendants, Chapter 13 debtors, plaintiff creditor sought a determination that the judgment was nondischargeable under 11 U.S.C.S. § 523(a)(4).
Ruling: 
Judgment for unauthorized draws on lines of credit was nondischargeable.
ABI Membership is required to access the full summary of Hoffman v. Black (In re Black). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 28,2011, LexisNexis #1111-079

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