Judge Somers

Redmond v. SpiritBank (In re Brooke Corp.)

Ruling: 
Summary judgment in avoidance proceeding denied due to issue of fact over whether reasonably equivalent value was received by debtor.
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Consumer case opionion summary, case decided on January 26,2015, LexisNexis #0215-094

Redmond v. SpiritBank (In re Brooke Corp.)

Ruling: 
Summary judgment in avoidance proceeding denied due to issue of fact over whether reasonably equivalent value was received by debtor.
ABI Membership is required to access the full summary of Redmond v. SpiritBank (In re Brooke Corp.). 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 January 26,2015, LexisNexis #0215-094

AG N. M. FCS ACA v. Borges (In re Borges)

Ruling: 
Corrected lien of agricultural lenders avoided to the extent claiming interests in property not included in original lien.
ABI Membership is required to access the full summary of AG N. M. FCS ACA v. Borges (In re Borges). 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 April 08,2014, LexisNexis #0414-123

Redmond v. CJD & Assocs. LLC (In re Brooke Corp.)

Ruling: 
A limited liability company is a "corporation" that may qualify as an "affiliate" and "insider" of a debtor.
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Commercial case opionion summary, case decided on March 10,2014, LexisNexis #0614-001

In re Swenson

A law firm, as counsel for chapter 12 debtor, filed an application for allowance of attorneys' fees and expenses.
Ruling: 
Fee application by debtor's attorneys whose employment had not been approved by the court denied.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-037

Dugan Truck Line LLC v. Ranz (In re Ranz)

The former employer of a male debtor sought to exempt its claim for breach of fiduciary duty from discharge pursuant to 11 U.S.C.S. § 523(a)(6). It further sought judgment for the amount of its claim and attorneys' fees. The case was brought against debtor and another defendant, the female debtor. The matter was before the court for judgment.
Ruling: 
Debt resulting from debtor's intentional actions amounting to breach of fiduciary duty was nondischargeable.
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Consumer case opionion summary, case decided on February 06,2013, LexisNexis #0213-115

Davis v. Pham (In re Nguyen)

Chapter 7 trustee filed a complaint pursuant to 11 U.S.C.S. § 548 against a debtor's sister and others, to avoid the debtor husband's prepetition transfer to his sister by quit claim deed of an interest in real property. The court directed the trustee to file a brief addressing the question of appropriate remedy and allowed defendants to file a response.
Ruling: 
Debtor's prepetition transfer of bare legal title to sister by quit claim deed could not be avoided.
ABI Membership is required to access the full summary of Davis v. Pham (In re Nguyen). 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 January 15,2013, LexisNexis #0213-014

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