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Judge Starzynski

In re Wiley

This matter came before the court for final hearing on the Trustee's Amended Motion for Order Approving Compromise of Controversy pursuant to Fed. R. Bankr. P. 9019. A creditor objected.
Ruling: 
Trustee's settlement of fraudulent transfer proceeding approved over creditor's objection.
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Consumer case opionion summary, case decided on December 26,2012, LexisNexis #0113-104

Gonzales v. Sun Life Ins. Co. (In re Furrs Supermarkets Inc.)

Plaintiff chapter 7 trustee brought a core proceeding to recover preferential transfers under 11 U.S.C.S. § 547(b). The trustee and defendant insurer both filed motions for summary judgment. The trustee also brought a motion to strike an affidavit.
Ruling: 
Trustee could recover preferential transfers given failure of transferees' ERISA-based affirmative defenses.
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Commercial case opionion summary, case decided on December 20,2012, LexisNexis #0113-069

In re Cultural Assets 1 LLC

The owners of a residence occupied by LLC, a chapter 11 debtor, sought relief from stay per 11 U.S.C.S. § 362 in the form of orders allowing them to sell the residence and to continue related state court litigation. Movants also sought an order that no Fed. R. Bankr. P. 4001 stay of proceedings would be in effect.
Ruling: 
Owners of residence occupied by debtor granted relief from stay to determine status of tenancy.
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Commercial case opionion summary, case decided on December 14,2012, LexisNexis #0113-007

In re Indian Capitol Distrib. v. Brewer Oil Co.

Plaintiff trustee filed an adversary proceeding against defendant oil company, seeking a determination that he was entitled under 11 U.S.C.S. § 547(b) to recover $217,975 in payments a corporation ("debtor") made to the oil company during the 90-day period that preceded its bankruptcy filing. The trustee's claim and affirmative defenses the oil company asserted under 11 U.S.C.S. § 547(c) were tried to the court.
Ruling: 
Preference period payments avoided only to the extent they were not contemporaneous exchanges for new value.
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Commercial case opionion summary, case decided on November 30,2012, LexisNexis #0113-088

In re Walters

The United States Trustee ("UST") for the District of New Mexico filed motions in the two bankruptcy cases, seeking an order under 11 U.S.C.S. § 110 which held an individual who prepared bankruptcy petitions in contempt of court for violating a permanent injunction the court issued which prohibited her from acting as a bankruptcy petition preparer. The court held a hearing on the motions.
Ruling: 
Bankruptcy petition preparer sanctioned for violating permanent injunction prohibiting acting in that capacity.
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Consumer case opionion summary, case decided on October 15,2012, LexisNexis #1112-001

Narro v. Ford Motor Credit (In re Narro)

Plaintiff debtors filed a Complaint styled "Complaint to Compel Turnover of Property and for Willful Violation of the Discharge Injunction." Defendant was a vehicle creditor. The creditor moved to dismiss. The Motion to Dismiss cited Fed. R. Civ. P. 12(b)(6) as the basis of the motion. The Memorandum in Support of the Motion, Part II, also sought dismissal for lack of subject matter jurisdiction, implicating Rule 12(b)(1).
Ruling: 
Postdischarge repossession of vehicle securing reaffirmed debt did not violate discharge injunction.
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Consumer case opionion summary, case decided on September 12,2012, LexisNexis #1012-020

Dill v. Brad Hall & Assocs. (In re Indian Capital Distrib.)

Trustee brought an adversary proceeding against transferee of funds from a bankruptcy debtor seeking to avoid the transfers as preferential, and the transferee asserted defenses under 11 U.S.C.S. § 547(c) based on contemporaneous transfers for value and transfers in the ordinary course of business.
Ruling: 
Fuel payments made within ten days of delivery were substantially contemporaneous, made within ordinary course of business and not avoidable.
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Commercial case opionion summary, case decided on August 10,2012, LexisNexis #0912-055

In re Smith

In a post-confirmation chapter 12 bankruptcy case, movant, a creditor's estate, sought relief from the automatic stay or, alternatively, a determination that the automatic stay was no longer applicable.
Ruling: 
Post-assumption, post-confirmation breaches of contract were not subject to stay.
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Consumer case opionion summary, case decided on July 13,2012, LexisNexis #0812-040

In re Rubin

A creditor sought dismissal of a chapter 11 proceeding pursuant to 11 U.S.C.S. § 1112(b) for cause.
Ruling: 
Chapter 11 case converted to chapter 7 rather than dismissed where there were non-exempt assets for the trustee to administer.
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Consumer case opionion summary, case decided on June 22,2012, LexisNexis #0712-133

In re Brutsche

Certain creditors, who were joined by other creditors, filed a motion to dismiss a Chapter 11 case or to convert it to one under chapter 7 pursuant to 11 U.S.C.S. § 1112(b). The debtor in possession, joined by two creditors, opposed the motion.
Ruling: 
Case ordered converted due to lack of opportunity for rehabilitation and continuing loss to estate.
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Consumer case opionion summary, case decided on June 08,2012, LexisNexis #0912-062

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