Northern District

BellSouth Telcoms LLC v. Halo Wireless Inc.

Defendant filed a motion to transfer the case to the United States Bankruptcy Court for the Eastern District of Texas, where defendant had filed a chapter 11 bankruptcy proceeding and an adversary proceeding. Plaintiff filed a motion to remand.
Ruling: 
Wireless carriers' dispute was properly removed due to one carrier's bankruptcy but remanded due to Public Service Commission's expertise and terms of agreement.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0212-101

In re Garvin

Creditor sought rehearing and reconsideration of the court's order approving modification of debtor's second amended chapter 13 plan via a determination that Fed. R. Bankr. P. 9024 allowed relief from a confirmation order for any reason listed in Fed. R. Civ. P. 60(b). Movant ultimately sought relief from the order based on excusable neglect.
Ruling: 
Relief from confirmation denied absent fraud.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1211-034

In re Prestige Motorcar Gallery Inc.

The trustee for a Chapter 11 debtor filed a motion for approval of the assumption and assignment of an unexpired lease pursuant to 11 U.S.C.S. § 365(a). The debtor's sole shareholder objected, suggesting that the trustee did not have the legal right to assume and assign the lease.
Ruling: 
Trustee's assumption and assignment of car dealership lease denied on objection of the lessor, debtor's sole shareholder.
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Commercial case opionion summary, case decided on September 13,2011, LexisNexis #1011-041

In re Cook

A chapter 7 trustee filed a motion for turnover of property of the estate, and a creditor filed a motion to prohibit use of cash collateral. The trustee argued that the debtor husband's post-petition earnings were actually dividends or distributions from non-exempt ownership interests in several corporations and thus, constituted property of the estate under 11 U.S.C.S. § 541(a)(6). The debtors contended that the monies were wages.
Ruling: 
Postpetition earnings that were really dividends were property of the estate.
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Consumer case opionion summary, case decided on August 08,2011, LexisNexis #0911-018

In re Davis Heritage GP Holdings LLC

Debtor LLC filed a petition under Chapter 11 of the Bankruptcy Code, and a creditor filed a motion for relief from the automatic stay, a motion to dismiss the debtor's case or for appointment of an examiner, and a motion for abstention. The court held a hearing on the creditor's motion.
Ruling: 
Case dismissed due to debtor's inability to reorganize and plan that could not be confirmed as not in best interests of creditors or not proposed in good faith.
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Commercial case opionion summary, case decided on January 03,2011, LexisNexis #0311-133

Hamel-Schwulst v. Negrotto

Plaintiff homeowner sued defendant insurer, surety, and other individuals, alleging fraud, misuse of a notary seal, alteration of a security instrument, and violations of the Real Estate Settlement Procedures Act. After one individual filed for bankruptcy, a magistrate judge recommended that the action be stayed as to him. Before an amended recommendation was referred to the district court, the homeowner moved for a stay.
Ruling: 
Magistrate's recommendation that action against individual was subject to stay vacated upon notice of discharge.
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Consumer case opionion summary, case decided on August 05,2009, LexisNexis #0909-042

Wood v. Green

Plaintiffs, a chapter 7 debtor and the chapter 7 trustee, filed a motion for summary judgment in their breach of contract action against defendants, two public adjusters, and the one adjuster's company. Defendants filed a motion for summary judgment based on the doctrine of judicial estoppel.
Ruling: 
Debtor's misconduct in failing to report breach of contract right of action could not be imputed to trustee.
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Consumer case opionion summary, case decided on August 04,2008, LexisNexis #0908-025

In re Shores of Panama Inc.

A general contractor (creditor) moved for relief from stay and to compel arbitration so that the parties might continue a pre-petition arbitration against debtor, a developer which had hired the creditor to build a condominium project. The creditor also sought to proceed against an irrevocable letter of credit that had been issued by a bank. At issue was whether there was cause to lift the automatic stay within the meaning of 11 U.S.C.S. § 362.
Ruling: 
Relief from stay granted to allow arbitration of condominium project dispute.
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Commercial case opionion summary, case decided on May 20,2008, LexisNexis #0708-002

In re Curcio

The moving parties, creditors of the debtor who held a personal injury claim against the debtor after a car accident, filed a motion to dismiss the case for abuse pursuant to 11 U.S.C.S. § 707(b)(1), asserting that a $14,000 check deposited in an account jointly titled with the debtor should have been included in the debtor's current monthly income (CMI) calculation.
Ruling: 
Funds deposited in joint account for sole benefit of debtor's companion were not income so that debtor fell below mean income.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0608-081

Eglin Fed. Credit Union v. Horlacher (In re Horlacher)

Debtors filed a petition under chapter 7 of the Bankruptcy Code but failed to list a credit union as a creditor. The credit union filed an adversary proceeding against the debtors, claiming that a debt the debtors owed was nondischargeable under 11 U.S.C.S. § 523(a)(3)(A), and the court found that the debt was nondischargeable. The debtors filed a motion for reconsideration of the court's judgment.
Ruling: 
Debt owed to inadvertently omitted creditor held dischargeable on reconsideration.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0708-029

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