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Northern District

In re Gordon

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
Ruling: 
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0513-101

In re Latshaw Drilling LLC

A creditor filed an application under 11 U.S.C.S. § 506(b) for reimbursement of its out-of-pocket expenses and attorney fees and expenses arising out of mutual obligations under a pre-petition credit agreement with a chapter 11 debtor.
Ruling: 
Creditor's attorneys' fee application granted with reductions for overstaffing, underutiliztion of local counsel and unreasonable rates.
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Commercial case opionion summary, case decided on October 12,2012, LexisNexis #1112-010

Wieland v. Willcut (In re Willcut)

In this adversary proceeding, United States Trustee (UST) requested that the court deny a discharge to defendant debtors under 11 U.S.C.S. § 727(a)(2)(A), (4)(A), and (4)(D).
Ruling: 
Discharge denied due to knowing and fraudulent failure to provide sufficient disclosures in schedules.
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Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-061

NJL Invs. LLC v. Smart (In re Smart)

In this adversary proceeding, creditor asked the court to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4) and (5).
Ruling: 
Discharge denied due to knowing and fraudulent false oaths.
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Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-060

In re Atlas Computers Inc.

A chapter 7 trustee filed a motion to approve a settlement of a fraudulent transfer action. Certain creditors (the claimants) who were not parties to the fraudulent transfer action objected to the settlement.
Ruling: 
Settlement of fraudulent transfer proceeding approved as fair, reasonable and in best interests of the estate.
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Commercial case opionion summary, case decided on July 24,2012, LexisNexis #0812-068

In re Willcut

A chapter 7 trustee filed a motion for turnover and accounting, seeking an accounting for, and return of, all monies received by a debtor wife from a limited liability company (LLC) in which she owned an interest.
Ruling: 
Debtor spouse ordered to account for postpetition receipts from LLC in which the spouse owned an interest.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0912-088

In re Lane

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the court issued an order which required the debtor to show cause why her case should not be dismissed because she had not obtained the credit counseling required by 11 U.S.C.S. § 109(h) within 180 days of the date she filed her case.
Ruling: 
Credit counseling received one hour after filing petition did not satisfy requirement.
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Consumer case opionion summary, case decided on May 22,2012, LexisNexis #0612-036

In re Santana

This matter came before the court pursuant to debtor's pro se motion for declaratory Order and brief in support. The motion asserted that the Superior Court of Orange County, California had violated orders of the court as well as the automatic stay, as defined in 11 U.S.C.S. § 362(a). On its face, the motion was unopposed, as the Superior Court had yet to appear in this bankruptcy case.
Ruling: 
State court criminal proceeding was not subject to stay.
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Consumer case opionion summary, case decided on March 09,2012, LexisNexis #0412-039

In re Hammer

A bankruptcy debtor initially reported income and expenses without including information concerning her non-debtor spouse and, after the U.S. Trustee noted deficiencies in the debtor's filings, the debtor's counsel submitted additional documentation and several inconsistent amendments to the debtor's schedules. The Trustee moved to dismiss the debtor's case and to require counsel to disgorge fees paid by the debtor.
Ruling: 
Case dismissed due to presumption of abuse and debtor's attorneys ordered to disgorge fees as services were of no value.
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Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0312-022

Malloy v. Bump (In re Arrow Trucking Co.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant director of a bankruptcy debtor alleging that the director received fraudulent transfers from the debtor and breached fiduciary duties to the debtor. The director moved to withdraw the bankruptcy reference, and the bankruptcy court considered its jurisdiction over the trustee's claims.
Ruling: 
Fraudulent transfer and breach of fiduciary duty claims against director of debtor were within bankruptcy court jurisdiction.
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Commercial case opionion summary, case decided on May 27,2011, LexisNexis #0711-063

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