Jan
24
2014
McCarthy v. IRS (In re Naeem)
Ruling:
IRS claim against debtor for erroneous payment of refund to co-debtor disallowed.
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Consumer case opionion summary, case decided on January 24,2014, LexisNexis #0214-082
Jan
02
2014
In re Genesis Press Inc.
Ruling:
Request for super priority status for administrative expense claim for postpetition lease payments denied.
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Commercial case opionion summary, case decided on January 02,2014, LexisNexis #0214-012
Sep
19
2013
United States v. Monahan (In re Monahan)
Ruling:
IRS efforts to collect nondischargeable trust fund recovery penalties did not violate discharge injunction.
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Consumer case opionion summary, case decided on September 19,2013, LexisNexis #1013-044
Aug
07
2013
In re Hinesley Family Ltd. Pship No. 1
Ruling:
Claim for lost wages barred by res judicata.
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Commercial case opionion summary, case decided on August 07,2013, LexisNexis #0813-115
May
28
2013
In re Towler
Chapter 13 debtor filed a motion to confirm her chapter 13 plan. The chapter 13 trustee objected.
Ruling:
Confirmation denied due to preferential treatment of state's claim for overpayment of unemployment benefits.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0813-116
May
21
2013
In re Community Mem. Hosp.
Chapter 11 debtor, which was a not-for-profit organization that qualified for unemployment insurance reimbursement privileges, objected to the allowance of two claims filed in the case by a state unemployment insurance agency for reimbursement of monies paid by the agency to former employees of the debtor. The debtor did not object to the amount of the claims, but objected to the priority status and administrative claim status of each.
Ruling:
Not-for-profit debtor's objection to priority administrative status of employment insurance agency's claim for reimbursement sustained.
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Commercial case opionion summary, case decided on May 21,2013, LexisNexis #0613-122
May
20
2013
In re Mirabilis Ventures Inc.
A debtor hired an expert witness in a malpractice lawsuit filed against the debtor's former attorneys. The expert filed an application in the bankruptcy case seeking a first priority administrative expense claim of $41,000 because the additional tasks he performed were necessary and resulted in substantial benefit to the debtor's estate.
Ruling:
Debtor's expert in legal malpractice action not entitled to administrative expense claim for additional tasks.
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Commercial case opionion summary, case decided on May 20,2013, LexisNexis #0613-121
May
03
2013
Sharp v. FDIC (In re Vineyard Natl Bancorp)
Counter-plaintiff, the Federal Deposit Insurance Corporation (FDIC), filed a claim pursuant to 11 U.S.C.S. § 507(a)(9) for damages in the sum of $579 million on account of debtor's alleged failure to comply with 12 U.S.C.S. § 1831o. Counter-Defendant and Liquidating Trustee filed a motion for partial summary judgment.
Ruling:
FDIC's claim for damages for debtor's failure to comply with 12 U.S.C. §1831o allowed.
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Commercial case opionion summary, case decided on May 03,2013, LexisNexis #0513-117
Mar
29
2013
In re Johnston
This matter came before the court upon debtor's objection to a proof of claim filed by a claimant, his former wife.
Ruling:
Amounts due under settlement agreement were not domestic support obligations and not entitled to priority.
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Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-042
Feb
25
2013
In re Ludwig
A chapter 13 debtor objected to the priority status of a claim held by his former spouse. The debtor asserted that her claim was not entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) because it stemmed from a property settlement agreement, while his former spouse alleged that it was based on a domestic support obligation that was in the nature of alimony, support, or maintenance.
Ruling:
Debt to former spouse based on property settlement agreement that waived alimony or support was not entitled to priority status.
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Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0613-013