Judge Daniel

Connolly v. Spaulding (In re Van Vleet)

Defendant creditor asserted that he loaned money to a corporation in a foreign country in which the debtor had a one hundred percent equity interest and that because the corporation was not a party to the bankruptcy, withdrawal of the reference under 28 U.S.C.S. § 157(d) was appropriate. Plaintiff trustee objected, contending that the debtor should not be liable to the creditor.
Ruling: 
Court declined to withdraw reference of case against corporation in which debtor had 100% equity interest.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1108-093

Jagow v. Top Hill LLC (In re Townhomes at Hill Top LLC)

Defendant creditors filed a motion for withdrawal of the reference under 28 U.S.C.S. § 157(d) to the bankruptcy court of plaintiff trustee's action for a declaratory judgment that the plans and records in the possession were estate property free from liens.
Ruling: 
Complaint for declaratory judgment that plans and records were estate property was a core proceeding not subject to mandatory withdrawal of reference.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0708-034

Harwell v. Martinez (In re Harwell)

Appellant debtor challenged a decision of the United States Bankruptcy Court for the District of Colorado that granted appellee chapter 7 Trustee's motion for approval of sales commission that awarded a three percent real estate commission to appellee real estate broker. The debtor contended that the court awarded the fee without considering all of the factors set forth in 11 U.S.C.S. § 330(a)(3).
Ruling: 
Award of commission to real estate broker remanded due to bankruptcy court's failure to consider lack of evidence of time spent on matter.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-097

Shaver v. Orthodontric Ctrs. Of Colo. Inc.

Defendant dental providers filed bankruptcy and the automatic stay applied; however, the bankruptcy court granted partial relief from the stay, allowing certain courts to decide only the claims regarding whether the contracts between the parties were void ab initio, illegal, and/or unenforceable on their face under applicable state law. Defendants moved to transfer the case pursuant to 28 U.S.C. § 1412.
Ruling: 
Prepetition breach of contract action was not a core proceeding and not appropriate for venue transfer.
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Minne v. Hinkhouse

Plaintiffs, debtors, each filed petitions for chapter 7 bankruptcy. The debtors sued defendants, individuals, and alleged claims for relief for loss of economic advantage and destruction of business interests. The individuals moved to dismiss those claims on the ground that because those claims accrued prior to the debtors'filing for bankruptcy, the bankruptcy trustee had exclusive standing to assert those claims.
Ruling: 
Trustee, not the debtor, was the party with standing to pursue causes of action that were property of the estate.
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