Judge Caddell

BankChampaign v. Bullock (In re Bullock)

Creditor filed an adversary action to determine the dischargeability of a state court judgment entered against the debtor. The creditor filed a motion for summary judgment.
Ruling: 
State court judgment for breach of fiduciary duty due to self-dealing was nondischargeable.
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Consumer case opionion summary, case decided on May 27,2010, LexisNexis #0910-019

Skipworth v. Citibank Student Loan Corp. (In re Skipworth)

Chapter 7 debtor filed a complaint against defendant creditor seeking to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(8). The debtor alleged that the obligation was not an educational loan, and alternatively, if it was an educational loan, repayment would impose an undue hardship. The debtor filed a motion for a default judgment based on the creditor's failure to answer.
Ruling: 
Loan for bar review course was an educational loan which was nondischargeable absent undue hardship.
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Consumer case opionion summary, case decided on April 01,2010, LexisNexis #0710-017

In re Caffey Enters. LLC

Movant creditor, a secured lender to debtor, asked the court, pursuant to 11 U.S.C.S. § 1112(b) and /or 11 U.S.C.S. § 305, to dismiss for cause a chapter 11 case filed by debtor. In the alternative, movant sought an order granting it immediate relief from the stay pursuant to 11 U.S.C.S. § 362(d)(1).
Ruling: 
Case dismissed as filed in bad faith to impair foreclosure.
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Commercial case opionion summary, case decided on December 23,2009, LexisNexis #0210-123

Laddin v. Beldin (In re Verilink Corp.)

Defendant law firm filed a motion to dismiss plaintiff trustee's second amended complaint, which charged the law firm with claims related to the firm's representation of the debtor during the debtor's acquisition of a financially troubled company in 2004. The law firm contended that the claims were time barred by the Alabama Legal Service Liability Act (ALSLA), Ala. Code § 6-5- 574.
Ruling: 
Trustee's pre- and post-petition claims against debtor's law firm dismissed.
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Commercial case opionion summary, case decided on December 03,2009, LexisNexis #0110-007

AAFCOR LLC v. Shelton (In re Shelton)

Creditor filed an action against defendants, a debtor, his brother, and others, alleging fraud, conspiracy, and partnership claims. the creditor also argued that the debt of the debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) or (B). The creditor, the debtor, and the brother filed cross motions for summary judgment.
Ruling: 
Alleged fraud on part of debtor's brother was not basis for nondischargeability of alleged debt where creditor had actual notice of facts.
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Consumer case opionion summary, case decided on November 04,2009, LexisNexis #1209-084

Twentieth Century Land Corp. v. Landmark North Freeway Ltd. (In re Bill Heard Enters. Inc.)

Chapter 11 debtor filed an adversary proceeding against defendants, a Texas limited partnership and others, seeking an order avoiding a pre-petition transfer of an interest in real property pursuant to 11 U.S.C.S. § 544(a)(3). The debtor amended its complaint to add a bank as a defendant, and the bank filed counterclaims against the debtor. The debtor and the bank filed cross- motions for summary judgment.
Ruling: 
Transfer of interest in real property from partnership to bank and LLC avoided where warranty deed from debtor to partnership was never recorded.
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Commercial case opionion summary, case decided on September 11,2009, LexisNexis #1109-023

Laddin v. Belden (In re Verilink Corp.)

Trustee sued law firm and others, alleging, inter alia, breach of fiduciary duty, malpractice, civil conspiracy, and aiding and abetting breach of fiduciary duty. The law firm moved to dismiss the complaint on the grounds that the claims against it were time-barred by the statutes of repose and limitations and precluded under the doctrine of res judicata.
Ruling: 
Two year statue of limitations for claims against law firm was not tolled prior to trustee's appointment.
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Commercial case opionion summary, case decided on April 09,2009, LexisNexis #0709-107

In re Bill Heard Enters.

A creditor which provided financing for debtors' automobile dealership franchises was granted a security interest in the debtors' assets, and the debtors' franchisor maintained open accounts through which the debtors paid for vehicles, parts, and other items and the franchisor paid amounts due to the debtors. The creditor moved to compel the franchisor to turn over funds in the open accounts, and for summary judgment.
Ruling: 
Franchisor was entitled to recoupment and setoff from debtor franchisee's amounts.
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Commercial case opionion summary, case decided on February 12,2009, LexisNexis #0409-123

Grelier v. Burgess (In re Grelier)

Plaintiff debtor filed a legal malpractice action against defendants, an attorney and his law firm, in state court. Defendants removed the action to the bankruptcy court. Defendants then moved to dismiss the adversary proceeding on the grounds that the debtor was barred by the doctrine of judicial estoppel from pursuing her claims against defendants because she failed to disclose the action as an asset in her schedules.
Ruling: 
Debtor estopped from pursuing legal malpractice action not disclosed in schedules.
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Consumer case opionion summary, case decided on January 27,2009, LexisNexis #0309-088

Hastings v. Hastings (In re Hastings)

Plaintiff surety filed an adversary proceeding against defendant debtors to determine the dischargeability of a claim pursuant to 11 U.S.C.S. § 523(a)(4). The surety filed a motion for summary judgment.
Ruling: 
Debt owed to surety was nondischargeable to the extent debtors used trust res to make unauthorized payments.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0209-077

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