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Judge Nugent

In re Woods

A secured creditor filed a motion for relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d) and a motion to dismiss the chapter 11 debtors' case for cause pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Chapter 11 case dismissed for cause as a serial filing and an improper attempt to modify confirmed plan in debtor's prior chapter 11 case.
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Consumer case opionion summary, case decided on March 07,2011, LexisNexis #0411-026

Friesen v. Seacoast Capital Partners II LP (In re QuVis Inc.)

Noteholders filed an adversary proceeding against defendant, a Small Business Investment Company ("SBIC"), seeking an order pursuant to 11 U.S.C.S. § 510(c) to subordinate a claim the SBIC filed against a chapter 11 debtor's bankruptcy estate. The SBIC filed a motion for summary judgment creditor.
Ruling: 
Small business investment company was not an insider so that secured claim could not be subordinated.
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Commercial case opionion summary, case decided on February 18,2011, LexisNexis #0411-009

Williams v. Capital Asset Recovery LLC (In re McMullen)

Chapter 13 trustee invoked her hypothetical lien creditor powers under 11 U.S.C.S. § 544(a) to avoid defendant creditor's lien in a vehicle. The matter was pending judgment.
Ruling: 
Perfection of security interest by original creditor remained effective to protect assignee from avoidance.
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Consumer case opionion summary, case decided on January 06,2011, LexisNexis #0211-087

In re RIM Dev. LLC

A debtor in a single asset real estate case proposed successive plans for completion of the debtor's planned residential and commercial development with payments to secured creditors. A creditor secured by certain town homes in the development moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(3)(A) to allow the creditor to enforce its security interest.
Ruling: 
Relief from stay granted allow creditor to enforce security interest where debtor failed to propose plan with reasonable possibility of confirmation.
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Commercial case opionion summary, case decided on August 13,2010, LexisNexis #1010-011

Crowson v. Zubrod (In re Crowson)

Debtor filed a petition under chapter 7, and the trustee was appointed to administer the debtor's bankruptcy estate. The trustee demanded that the debtor turn over a tax refund she and her non-debtor spouse received, and the Bankruptcy Court for the District of Wyoming issued an order requiring the debtor to turn over the entire amount of the refund. The debtor appealed.
Ruling: 
Bankruptcy court erred in not requiring turnover of non-debtor spouse's portion of tax refund.
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Consumer case opionion summary, case decided on May 26,2010, LexisNexis #0810-021

IRS v. Ficken (In re Ficken)

Debtor brought an adversary proceeding against appellant Internal Revenue Service (IRS) seeking a determination that the debtors' income tax liability from sales of cattle in their farming operation constituted an unsecured, nonpriority claim under 11 U.S.C.S. § 1222(a)(2)(A). The IRS appealed the order of the Bankruptcy Court for the District of Colorado which granted summary judgment to the debtors.
Ruling: 
Income tax liability for sales of cattle in debtor's farming operation properly held to be unsecured nonpriority claim.
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Commercial case opionion summary, case decided on May 07,2010, LexisNexis #0710-027

Wodark v. Wodark (In re Wodark)

Plaintiff husband filed an adversary proceeding against defendant debtor, his former spouse, seeking a determination that the debtor owed him a debt that was excepted from discharge under 11 U.S.C.S. § 523(a)(15). The United States Bankruptcy Court for the District of Colorado found that a marital debt the debtor assumed in a separation agreement was excepted from her discharge. The debtor appealed.
Ruling: 
Debt owed to former spouse pursuant to separation agreement was nondischargeable.
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Consumer case opionion summary, case decided on March 22,2010, LexisNexis #0610-015

In re Vollen

The chapter 13 trustee filed objections to the confirmation of the debtor's proposed chapter 13 plan. The debtor claimed marital adjustment deductions for her non-filing spouse on Official Bankr. Form 22C, Lines 13 and 19, and the trustee objected to her statement of current monthly income and her calculation of commitment period and disposable income.
Ruling: 
Confirmation denied due to improper marital deductions for non-debtor spouse and need for longer, above median debtor commitment period once corrected.
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Consumer case opionion summary, case decided on March 19,2010, LexisNexis #0610-104

In re Penaran

The debtor filed an objection to the claim of the creditor, Illinois Department of Healthcare and Family Services (IHFS), for a domestic support obligation arrearage of nearly $ 49,000. The creditor moved to dismiss the debtor's case, and the debtor asserted that the creditor had violated the automatic stay by instituting a postpetition garnishment and the suspension of the debtor's driver's license.
Ruling: 
Plan confirmed over objection of state family services agency.
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Consumer case opionion summary, case decided on February 03,2010, LexisNexis #0410-096

Morris v. PHH Mortg. Servs. (In re Phillips)

Plaintiff chapter 7 trustee brought an adversary proceeding seeking to avoid the lien of defendant creditor in a manufactured home occupied by defendant debtors as their homestead. The parties submitted the matter for determination on stipulations contained in the pretrial order, stipulated exhibits, oral argument and post-argument briefs.
Ruling: 
Trustee utilized strong-arm powers to avoid lien in debtor's manufactured home.
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Consumer case opionion summary, case decided on December 21,2009, LexisNexis #0210-015

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