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§ 101(10)

Cimba, In re--Frankenberger v. Cimba

Feb
14
2022
Ruling
Claim that debtor was liable for a new line of credit failed where there was no writtendocumentation that the debtor was a signatory on the new loan or a guarantor on the debt.(Bankr. W.D. Ky.)
Issue(s)
Definitions; “Creditor”.

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Consumer opinion summary, case decided on February 14, 2022 , LexisNexis #0422-001
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Nelums, In re--Nelums v. Specialized Loan Servicing, LLC

Mar
17
2020
Ruling
Servicing agent was entitled to enforce a note as holder and creditor. (Bankr. D.S.C.)
Issue(s)
Definitions; “Creditor”; Claim Against Debtor.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 17, 2020 , LexisNexis #0620-051
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Sebastian v. Frickel (In re WorldSpace Inc.)

Sep
17
2014
Ruling
Derivative complaint against non-debtor subsidiary of debtor by the subsidiary's employee dismissed for lack of standing.
Issue(s)
Was employee of debtor's non-debtor subsidiary a "creditor" whose wage claim could be allowed in debtor's case?

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Commercial opinion summary, case decided on September 17, 2014 , LexisNexis #1014-036
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Whitfield v. CDX Gas LLC (In re CDX Gas LLC)

Nov
10
2009
Ruling
Creditors with proofs of claim to which debtor did not object had standing to seek exclusion of escrowed funds from estate.
Procedural posture

Plaintiffs filed an adversary proceeding against defendants, debtors and a company, seeking a determination of whether property was excluded from the estate under 11 U.S.C.S. § 541(b)(1) and (d). The property consisted of funds payable to the debtors pursuant to the provisions of a settlement agreement, an escrow agreement, and a purchase agreement. Defendants filed motion to dismiss the complaint for failure to state a claim.

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Commercial opinion summary, case decided on November 10, 2009 , LexisNexis #1209-071
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In re Karp

May
22
2007
Ruling
Debtor's failure to make payments to former spouse under dissolution order did not give rise to claim by spouse's parent.
Procedural posture

The former spouse of a bankruptcy debtor, and a parent of the spouse, filed proofs of claim in the debtor's bankruptcy, asserting that the debtor's failure to make payments required by a state court order in dissolution proceedings caused the spouse and the parent to incur expenses for which the debtor was liable. The trustee objected to the claims.

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opinion summary, case decided on May 22, 2007 , LexisNexis #0707-018
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