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In re Ford

Ruling
Debtor could modify plan where medical condition resulted in decrease income.
Issue(s)
Could chapter 13 debtor who was disabled and could not longer work as a pilot modify plan based on resulting reduced income?

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Consumer opinion summary, case decided on November 13, 2015 , LexisNexis #1215-101

In re Nichols Creek Dev. LLC

Ruling
Single asset real estate case dismissed, rather than converted to chapter 7, in best interests of creditors and the estate.
Issue(s)
Should single asset real estate case be converted to chapter 7 or dismissed?

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Consumer opinion summary, case decided on September 29, 2015 , LexisNexis #1015-097

In re Howe

Ruling
Motion to convert chapter 13 case to chapter 7 denied due to bad faith.
Issue(s)
Could debtor convert reopened chapter 7 case to chapter 13 following final order approving settlement of debtor's product liability case by trustee, where debtor objected to the settlement but failed to appear at any of the relevant hearings?

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Consumer opinion summary, case decided on July 10, 2015 , LexisNexis #0815-020

In re McMillan

Ruling
Settlement proceeds were current disposable income and could not be retained by debtors.
Issue(s)
Were proceeds of the sale of debtor's ownership interest in a collision repair center, which were property of the estate, to be treated as disposable income?

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Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-136

In re Monticello Realty Invs. LLC

Ruling
Ballots of bank that acted in good faith in opposing plan confirmation could not be disqualified from tabulation.
Issue(s)
Could ballots of creditor bank be discounted from final tally in confirmation vote due to alleged bad faith in opposing confirmation?

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Commercial opinion summary, case decided on March 06, 2015 , LexisNexis #0615-027

In re Hernandez

Ruling
Trustee not entitled to modify debtors' chapter 13 plan payments based on unanticipated increase in income, but was entitled to turnover of tax refund for the year of the increase.
Issue(s)
Could trustee modify debtors' plan to increase monthly payments subsequent to unanticipated increase in income and could trustee also obtain debtor's tax refund for the corresponding period?

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Consumer opinion summary, case decided on January 28, 2015 , LexisNexis #0315-033

In re Berry & Berry Wings LLC

Ruling
Debtor restaurant franchisee's plan could be confirmed as having reasonable probability of success.
Issue(s)
Could chapter 11 plan of debtor restaurant franchisee be confirmed?

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Commercial opinion summary, case decided on November 26, 2014 , LexisNexis #1214-134

In re 412 Boardwalk Inc.

Ruling
Relief from stay denied in single asset case where filing followed prolonged good faith negotiations by debtor.
Issue(s)
Should debtors' single asset chapter 11 cases be dismissed for bad faith?

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Commercial opinion summary, case decided on October 24, 2014 , LexisNexis #1114-078

In re White

Ruling
Relief from stay denied due to lack of bad faith by debtor and where property subject to creditor's lien had equity.
Issue(s)
Was creditor entitled to relief from stay due to bad faith on the part of debtor or lack of equity in property not essential to an effective reorganization?

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Consumer opinion summary, case decided on September 03, 2014 , LexisNexis #1014-006

Alexander v. JPMorgan Chase Bank (In re Alexander)

Ruling
Debtors could avoid second mortgage where first mortgage debt was greater than the value of the debtors' residence.
Issue(s)
Was second lien on debtor's residence subject to being stripped off based on value of property?

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Consumer opinion summary, case decided on July 23, 2014 , LexisNexis #0814-099