Judge Blackburn

GE Capital Corp. v. Emergystat Inc.

Plaintiff creditor sued defendant debtors, seeking repayment of a loan and foreclosure of its liens and security interests securing that obligation. Although the debtors provided no opposition to the motion, the United States government intervened to assert the priority of a federal tax lien over the creditor's security interest in collateral securing repayment. The creditor moved for summary judgment and for entry of judgment on priority.
Ruling: 
Creditor's security interests in accounts that predated IRS lien had priority over the tax lien.
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Commercial case opionion summary, case decided on September 30,2009, LexisNexis #1209-115

Greene v. Burke (In re Burke)

Appellee debtor filed an adversary proceeding against appellant creditor, seeking a judgment that a claim the creditor filed against the debtor's bankruptcy estate was invalid. On remand from a decision by the district court, the Bankruptcy Court for the District of Colorado sustained the debtor's objections to the creditor's claim. The creditor appealed.
Ruling: 
Bankruptcy court properly reviewed validity of state court judgment that recognized judgment against debtor by Mexican court.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1008-104

Butler v. United States Bankruptcy Court

Plaintiff debtors appealed a decision of the bankruptcy court, which dismissed the debtors'chapter 7 bankruptcy petition for failure to timely pay their filing fee under 11 U.S.C. § 707(a)(2) and denied their motion to reinstate the case.
Ruling: 
Dismissal due to debtors'failure to pay filing fee upheld.
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