Judge Paskay

In re Rodgers

A chapter 13 trustee filed an objection to confirmation of the debtors' plan and a motion to dismiss for bad faith pursuant to 11 U.S.C.S. § 1325(a)(3) and (a)(7).
Ruling: 
Exempt income, including Social Security income, must be taken into account in disposable income calculation.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0910-102

In re Potgieter

A chapter 13 trustee filed an unfavorable recommendation concerning the confirmation of debtors' plan where the plan proposed to pay unsecured, nondischargeable student loan creditors directly as a separate class of creditors from other general unsecured creditors when the general unsecured creditors would receive 100 percent distribution under the plan.
Ruling: 
Separate classification of student loan obligations was not discriminatory.
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Consumer case opionion summary, case decided on April 14,2010, LexisNexis #0810-100

In re Steffen

The chapter 7 debtor moved for voluntary dismissal of her case for cause pursuant to 11 U.S.C.S. § 707(a).
Ruling: 
Voluntary dismissal for cause granted as in best interest of parties.
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Consumer case opionion summary, case decided on April 01,2010, LexisNexis #0610-068

McHale v. Publix Super Mkts. Inc. (In re Luxury Ventures LLC)

A liquidating trustee of a chapter 11 debtor filed a complaint against defendant transferee to recover a payment made to the transferee within 90 days prior to the debtor filing its petition pursuant to 11 U.S.C.S. § 547. The transferee contended that the transfer was made in the ordinary course of business and was made for contemporaneous consideration. The transferee filed a motion for summary judgment on its affirmative defenses.
Ruling: 
Final lease payment paid during preference period was made in ordinary course of business and was not avoidable.
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Commercial case opionion summary, case decided on March 01,2010, LexisNexis #0510-022

In re Dunkin Diamonds Inc.

Pending were applications for compensation and reimbursement of expenses of an attorney of the law firm which was co-counsel to the Official Committee of Unsecured Creditors, and objections to same by the U.S. Trustee, and debtors' principal. Also considered were interim and prior orders on compensation, together with the UST's amended objection to compensation, and debtors' principal's motion to alter or amend prior orders of compensation.
Ruling: 
Fees of co-counsel to creditors' committee approved pursuant to agreement with U.S. Trustee.
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Commercial case opionion summary, case decided on December 15,2009, LexisNexis #0110-071

In re Dunkins Diamonds

Under consideration in this instant final order were the applications for compensation and reimbursement of expenses of the financial advisor for the Official Committee of Unsecured Creditors. Also considered were the court's interim and prior orders on compensation to him, together with the amended objection to compensation filed by the U.S. Trustee, and the motion to alter or amend the prior orders of compensation filed by debtors' principal.
Ruling: 
Financial advisor's fees awarded with reductions for duplication of services and expenses denied.
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Commercial case opionion summary, case decided on December 15,2009, LexisNexis #0410-107

In re Ecoventure Wiggins Pass Ltd.

Debtors filed petitions under chapter 11 of the Bankruptcy Code, and claimants who purchased condominium units or related property from the debtors filed claims against the debtors' bankruptcy estates. One of the debtors asked the court to disallow the claims to the extent they were asserted as claims secured by an interest in real property, or alternatively, to estimate the claims at zero, pursuant to 11 U.S.C.S. § 502(c).
Ruling: 
Claims of would-be purchasers of interests in debtor's unfinished condominium complex disallowed to extent secured by real property.
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Commercial case opionion summary, case decided on September 18,2009, LexisNexis #1209-042

In re Ecoventure Wiggins Pass Ltd.

This case came before the court for hearing to consider debtor developer's Motion for Summary Judgment on Motion for Order Authorizing Assumption and Sale Pursuant to Contracts for Purchase of Condominium Units. The responding parties were all identified as "buyers" in the "Purchase and Sale Agreements" listed in debtor's motion for summary judgment.
Ruling: 
Debtor's assumption of purchase and sale agreements but not closely related accommodation agreements for condominium units, denied.
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Commercial case opionion summary, case decided on May 13,2009, LexisNexis #0709-047

Major Sports Fantasy Ltd. v. Dowell (In re Dowell)

Creditor filed an adversary proceeding against chapter 7 debtors on the ground that because the debtors willfully and maliciously violated a non-competition agreement between the parties, the creditor's claim was non-dischargeable under 11 U.S.C.S. § 523(a)(6). The creditor sought summary judgment.
Ruling: 
Judgment for debtor's willful and malicious injury stemming from breach of non-compete agreement was nondischargeable although damages for breach were dischargable.
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Consumer case opionion summary, case decided on April 24,2009, LexisNexis #0709-052

In re Bicoastal Holding Co.

Creditor filed an involuntary bankruptcy case against a debtor holding company. The debtor moved to dismiss the involuntary chapter 7 petition as filed in bad faith and for costs, attorneys' fees, damages, and punitive damages.
Ruling: 
Involuntary petition dismissed as filed in bad faith against shell corporation with no assets.
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Commercial case opionion summary, case decided on March 11,2009, LexisNexis #0509-072

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