Judge Thuma

Baker v. Bank of N.Y. Mellon (In re Baker)

Ruling: 
Debtor's unscheduled claims against lender not raised in prior foreclosure action were barred by Rooker-Feldman doctrine and collateral estoppel.
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Consumer case opionion summary, case decided on October 04,2013, LexisNexis #1113-006

Boydstun v. Galey (In re Boydstun)

Ruling: 
Revocation of discharge denied as adversary proceeding was untimely and creditor had knowledge of alleged fraud prior to discharge.
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Consumer case opionion summary, case decided on September 13,2013, LexisNexis #1013-025

Danbom v. Prewitt (In re Prewitt)

Ruling: 
Judgment based on embezzlement was nondischargeable.
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Consumer case opionion summary, case decided on August 12,2013, LexisNexis #0913-011

In re Franks Oilfield Serv.

Ruling: 
Objection to settlement filed 102 days after deadline for filing was untimely.
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Commercial case opionion summary, case decided on August 09,2013, LexisNexis #0913-035

In re Hart Oil & Gas Inc.

Ruling: 
Trustee could not retain law firm that had previously represented debtor.
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Commercial case opionion summary, case decided on August 02,2013, LexisNexis #0913-001

Baker v. Baker (In re Baker)

Plaintiff filed suit against defendant debtor, arguing that a compromise attorney fee obligation was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(15), and therefore was not discharged when the discharge order was entered. The parties filed cross-motions for summary judgment.
Ruling: 
Attorneys' fee debt to debtor's former spouse incurred in connection with divorce was nondischargeable.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-089

In re Picacho Hills Util. Co.

In this contested matter, a state court receiver (Receiver) filed a Motion to Excuse Compliance with 11 U.S.C.S. § 543(a), a Motion to Dismiss for Bad Faith Filing, and a Motion to Abstain Pursuant to 11 U.S.C.S. § 305. Debtor opposed the motions.
Ruling: 
Receiver for debtor utility excused from turnover in best interests of creditors.
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Commercial case opionion summary, case decided on April 26,2013, LexisNexis #0513-086

In re Deming Hospitality LLC

Two creditors, a bank and a federal agency, filed objections to chapter 11 debtor's amended disclosure statement, asserting it should not be approved because the debtor's reorganization plan was facially not confirmable, and they would vote to reject, and would object to, the plan.
Ruling: 
Amended disclosure statement could not be approved where plan was not confirmable.
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Commercial case opionion summary, case decided on April 05,2013, LexisNexis #0513-029

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