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Phoenix Dev. & Land Inv. LLC v. SCBT

Apr
17
2012
Ruling
Bankruptcy court did not err by treating creditor's entire claim as secured in denying confirmation and granting relief from stay.
Procedural posture

Chapter 11 debtor challenged a decision of the U.S. Bankruptcy Court for the Middle District of Georgia, which denied confirmation of its chapter 11 plan of reorganization and granted appellee secured creditor's motion for relief from the automatic stay.

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Commercial opinion summary, case decided on April 17, 2012 , LexisNexis #0512-078
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United States v. Mitchell

Dec
09
2009
Ruling
Bankruptcy court's finding that debtor did not willfully evade taxes was not clearly erroneous and debt was dischargeable.
Procedural posture

Plaintiff challenged the bankruptcy court's finding that defendant debtor's federal tax liabilities for 1998 through 2002 were not excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(1)(C). The bankruptcy court found that the debtor did not willfully evade his income taxes and, therefore, did not satisfy the 11 U.S.C.S. § 523(a)(1)(C) exception to 11 U.S.C.S. § 727(b)'s general discharge of debts in bankruptcy.

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Consumer opinion summary, case decided on December 09, 2009 , LexisNexis #0110-017
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Klauman v. GMAC Mortg. LLC

Aug
28
2008
Ruling
Appeal of dismissal of debtors' class action proceeding dismissed as debtors failed to file notice of appeal within ten days of order.
Procedural posture

After a bankruptcy court dismissed the class action complaint of appellant debtors against appellee creditors for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1), the debtors challenged the dismissal. The creditors sought a dismissal of the appeals on the ground that the notices of appeal were untimely.

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Consumer opinion summary, case decided on August 28, 2008 , LexisNexis #1008-140
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