Judge Thurman

In re South Station LLC

Law firm representing a debtor filed an application for attorneys' fees and costs pursuant to 11 U.S.C.S. §§ 329 and 330 and Fed. R. Bankr. P. 2016. The chapter 7 trustee filed an objection to the application on the grounds that the law firm failed to comply with the disclosure requirements of Fed. R. Bankr. P. 2016.
Ruling: 
Debtor's attorneys' fees disallowed due to failure to disclose payments from debtor's principal.
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Commercial case opionion summary, case decided on December 13,2011, LexisNexis #0112-040

In re Keyser

Debtor asked the court to rule that a condominium owners association (COA) had violated the automatic stay imposed per 11 U.S.C.S. § 362 by pursuing foreclosure of debtor's interest in a condo unit and that damages were properly awarded under § 362(k). The court had previously granted relief from stay to COA to pursue a state court action for in rem foreclosure relief.
Ruling: 
Creditor's pursuit of in rem foreclosure remedy did not violate stay.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-077

In re Colon

A creditor of chapter 13 debtors filed a motion for relief from stay under 11 U.S.C.S. § 362(d) or , in the alternative, for a determination that post-petition homeowner's association (HOA) assessments were not subject to the automatic stay.
Ruling: 
Postpetition homeowners' association assessments were dischargeable and subject to stay.
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Consumer case opionion summary, case decided on September 30,2011, LexisNexis #1111-044

In re Harward

Chapter 7 debtors filed a motion against a bank for sanctions under 11 U.S.C.S. § 362(k) for violation of the automatic stay.
Ruling: 
Letter sent to debtor by creditor bank pursuant to court order and state law did not violate stay and was not grounds for sanctions.
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Consumer case opionion summary, case decided on August 25,2011, LexisNexis #0911-116

In re JL Bldg. LLC

Chapter 7 trustee filed a motion seeking authority to sell certain property under 11 U.S.C.S. § 363(b)(1) and (f) and to assume the leases pertaining to that property and assign those leases to the buyer.
Ruling: 
Trustee's motion for sale of property and assignment of leases granted.
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Commercial case opionion summary, case decided on June 24,2011, LexisNexis #0711-078

Official Committee of Unsecured Creditors v. Western United Life Assur. Co. (In re Tri-Valley Distrib. Inc.)

All parties moved for summary judgment on claims in an adversary proceeding challenging, as fraudulent conveyances, transfers of interests in property to defendant life assurance company (Lender), which had financed transactions involving debtors, a non-filing affiliate thereof, and a third party. When the loan defaulted, Lender sold the property that comprised collateral, the proceeds of which were escrowed pending final judgment herein.
Ruling: 
Avoidance of transfers to lender denied on good faith grounds.
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Commercial case opionion summary, case decided on June 16,2011, LexisNexis #0711-104

In re Xenerga Inc.

Before this bankruptcy case was filed, two of a debtor's dissatisfied customers sued the debtor and three insiders in state court alleging numerous causes of action arising from a breach of contract between the parties. The chapter 7 trustee sought approval to settle the customers' claims against the insiders for $80,000.
Ruling: 
Trustee could not settle claims of debtor's customers against debtor's insiders as the claims were not property of the estate.
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Commercial case opionion summary, case decided on May 24,2011, LexisNexis #0611-089

In re Dennett

A Chapter 7 trustee filed a motion pursuant to Fed. R. Bankr. P. 9019 to compromise and settle a claim that concerned litigation pending in state court involving a repurchase agreement for land. The debtor opposed the trustee's motion to compromise and filed a motion for abandonment pursuant to 11 U.S.C.S. § 554(a). Two creditors also opposed the trustee's motion.
Ruling: 
Settlement of debtor's claim under land repurchase agreement approved.
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Consumer case opionion summary, case decided on March 07,2011, LexisNexis #0411-060

In re Childs

Debtors filed a petition under chapter 11, one day before they filed a chapter 11 petition on behalf of an LLC they owned, and the court consolidated both cases. The debtors submitted a disclosure statement which described their plan of reorganization, and the United States Trustee (UST) objected to approval of the debtors' disclosure statement and a credit union filed an objection to confirmation of the debtors' plan.
Ruling: 
Small business election revoked as erroneously granted.
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Consumer case opionion summary, case decided on December 13,2010, LexisNexis #0111-063

In re Woolsey

The matter before the court was the confirmation of debtors' chapter 13 Amended Plan (Plan). The trustee objected.
Ruling: 
Confirmation denied due to failure to provide for retention of lien securing allowed secured claim until payment in full or discharge.
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Consumer case opionion summary, case decided on October 08,2010, LexisNexis #1110-102

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