Judge Somers

In re Alternate Fuels Inc.

A creditor asserted that a bankruptcy debtor was liable for reclamation of the creditor's land upon which the debtor conducted surface coal mining operations. The creditor moved for abstention to allow the creditor's state-court action against the debtor to proceed.
Ruling: 
Bankruptcy court could not abstain from hearing state court action that had not been removed.
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Commercial case opionion summary, case decided on January 14,2010, LexisNexis #0310-058

In re Lee

Debtor filed a petition under chapter 7, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion pursuant to 11 U.S.C.S. § 542, seeking an order requiring the debtor to turn over part of the federal and state tax refunds she received for 2008, and objected to exemptions the debtor claimed under 11 U.S.C.S. § 522(d)(10)(A).
Ruling: 
Debtor not entitled to exemption for federal child tax credit.
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Consumer case opionion summary, case decided on September 04,2009, LexisNexis #1009-079

In re Gateway Ethanol LLC

A company provided a thermal oxidizer boiler system to debtor. The company objected to the cure amount and statement of cure claim under debtor's notice of intent to assume and assign certain executory contracts and unexpired leases in conjunction with sale of assets. An asset purchaser responded to the objection. The matter was before the court for decision on the issue of whether the agreement regarding the acquisition was a true lease.
Ruling: 
Agreement found to be a true lease was subject to assumption or rejection.
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Commercial case opionion summary, case decided on June 05,2009, LexisNexis #0809-039

Guinn v. Anderson (In re Anderson)

This case was a dischargeability adversary proceeding under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6), seeking to except from discharge an unpaid judgment in favor of creditor against the debtor.
Ruling: 
Judgment was nondischargeable to the extent relating to embezzlement.
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Consumer case opionion summary, case decided on March 18,2009, LexisNexis #0709-120

In re Bergman

Before the court in a chapter 12 case was the motion of a claimant for relief from automatic stay.
Ruling: 
Creditors not entitled to setoff without establishing pre-existing right or that it owed an enforceable prepetition debt to debtor.
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Consumer case opionion summary, case decided on September 10,2007, LexisNexis #1007-081

Parks v. FIA Card Servs. (In re Marshall)

Plaintiff chapter 7 trustee filed a complaint against defendant creditor to recover preferential transfers pursuant to 11 U.S.C. § 547(b).
Ruling: 
Credit card balance transfers were not transfers of interest in property and not preferential.
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Speth v. Associates in Womens Health P.A. (In re Stevens)

Plaintiff chapter 7 trustee filed an action against defendant, a professional association ("PA"), alleging that the PA was an insider of one of the debtors and that the PA had received preferential transfers from the debtor. The PA sought summary judgment.
Ruling: 
Payments by debtor to professional association of which it was an officer, employee and shareholder were made to an insider and avoidable.
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In re Advantage Props.

The chapter 11 matter was before the court for an evidentiary hearing on creditor bank's motion to dismiss debtor's second bankruptcy case, and its alternative motion for stay relief, seeking authority to complete its foreclosure sale in a state court suit.
Ruling: 
Second chapter 11 case filed after substantial consummation of first case was filed in bad faith absent substantial change in circumstances.
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Morris v. Wheeler

Plaintiff trustee filed an adversary complaint for turnover and for revocation of the chapter 7 discharge, pursuant to 11 U.S.C. § 727(d)(3), as to defendant debtor.
Ruling: 
Revocation of discharge denied where debtor's failure to turnover income tax refund was due to debtor spouse's use of funds to purchase illegal drugs.
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In re Torline

Creditor, chapter 12 debtor's ex-wife, filed an objection to the confirmation of debtor's plan.
Ruling: 
Plan confirmation denied due to failure to provide for payment of former spouse's secured claim.
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