Southern District

United States v. Sears (In re Sears)

The United States sought a judgment that certain debts owed by a chapter 11 debtor who was doing business with the government as a bonding company, were nondischargeable under 11 U.S.C.S. § 523. The debts arose as a result of a series of bond surety agreements entered into by the parties in connection with public construction contracts.
Ruling: 
Debts were nondischargeable for misrepresentation only to the extent relief upon by creditor.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0312-086

In re McCombs

A bank filed a motion against the chapter 11 debtor for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and (2).
Ruling: 
Relief from stay granted to mortgagee where value of property was dropping and couldn't be protected by rental income.
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Consumer case opionion summary, case decided on December 21,2011, LexisNexis #0212-045

In re Sullivan

This matter was before the court pursuant to debtor's motion to voluntarily dismiss his chapter 13 case. A creditor moved to have debtor's case dismissed with an injunction so that it could use all available state law remedies to seize debtor's non-exempt property.
Ruling: 
Voluntary dismissal granted without prejudice where debtor was ineligible for chapter 13 relief at filing.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-004

Brannan v. Wells Fargo Home Mortg. Inc. (In re Brannan)

Chapter 13 debtors sought certification of a class under Fed. R. Civ. P. 23(a) of every debtor in a county in whose case an affidavit was filed by defendant creditor on the ground that every affidavit was improper or fraudulent due to the policies and procedures followed by the creditor and its agents and employees in preparing, executing and filing affidavits in debtors' cases.
Ruling: 
Certification of class of debtors against whom creditor filed fraudulent affidavits denied.
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Consumer case opionion summary, case decided on November 07,2011, LexisNexis #1211-035

In re McBride

Chapter 13 debtors filed a motion seeking to have secured creditor, a car dealer, show cause why it was not in violation of 11 U.S.C.S. § 362(a)(3) and should not be required to pay damages for the violation, following the creditor's postpetition repossession of a vehicle subject to a closed end motor vehicle lease.
Ruling: 
Creditor's postpetition repossession of leased vehicle violated stay.
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Consumer case opionion summary, case decided on September 06,2011, LexisNexis #1011-073

In re Calhoun

Creditors filed objections to confirmation of the chapter 11 debtor's plan of reorganization (the Plan) under 11 U.S.C.S. §§ 1129(a)(11) and 1123(a)(5).
Ruling: 
Plan funded by rental and consulting income approved over objection of secured creditors.
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Consumer case opionion summary, case decided on August 19,2011, LexisNexis #0911-132

Clyde Bergeman Inc. v. Sullivan (In re Sullivan)

Creditor and debtor, plaintiff's ex-employee, sought summary judgment on claims that a federal district court judgment confirming an arbitration award against debtor was nondischargeable per 11 U.S.C.S. § 523(a)(4) and (a)(6). The judgment had awarded damages to plaintiff on findings that debtor and others had misappropriated plaintiff's trade secrets in violation of the Oregon Trade Secrets Act (OTSA), Or. Rev. Stat. § 646.461 et seq.
Ruling: 
Collateral estoppel operated to render state court embezzlement judgment nondischargeable.
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Consumer case opionion summary, case decided on May 20,2011, LexisNexis #0811-015

Glenn v. Ocwen Loan Servicing LLC (In re Glenn)

Debtors brought a postdischarge complaint seeking damages against defendant creditor, the mortgagee on the debtors' residential loan, asserting the creditor failed to remove certain disallowed charges from their account for 4 years in violation of court orders, including the discharge injunction of 11 U.S.C.S. § 524(a), which failed to comply with Fed. R. Bankr. P. 2016, and which was punishable as contempt under 11 U.S.C.S. § 105.
Ruling: 
Bank's failure to remove disallowed charges from debtors' account for four years did not violate discharge injunction absent attempt to collect.
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Consumer case opionion summary, case decided on May 28,2010, LexisNexis #0910-034

In re Bender Shipbuilder & Repair Co.

This matter was before the court on the motion of the debtor for entry of an order approving proposed bidding procedures for submission and acceptance of competing bids for the sale and, as applicable, the assumption and assignment, of certain assets of the debtor and, under certain circumstances, payment of a break-up fee in the amount of $ 800,000.
Ruling: 
Debtor's proposed bidding procedures for sale of assets approved.
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Commercial case opionion summary, case decided on December 30,2009, LexisNexis #0310-008

Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Plaintiff offshore company sued defendants, a shipbuilding company and its officers and directors, alleging breach of a contract to build vessels and related claims, including unjust enrichment and breach of fiduciary duty. The claims were stayed after commencement of a bankruptcy action for the shipbuilder. Pursuant to 28 U.S.C.S. § 157(a), the offshore company moved to refer the suit to the bankruptcy court. Defendants contested the motion.
Ruling: 
Action for breach of shipbuilding contract referred to bankruptcy court where debtor builder's involuntary case was pending.
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Commercial case opionion summary, case decided on November 09,2009, LexisNexis #1209-025

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