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U.S. Bank N.A. v. Vill. at Lakeridge LLC (In re Vill. at Lakeridge LLC)

Ruling
Bankruptcy court finding that buyer was not a non-statutory insider was not clearly erroneous.
Issue(s)
Did bankruptcy court err in holding that the buyer of an unsecured claim was not a non-statutory insider of debtor?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 08, 2016 , LexisNexis #0316-001

Treaty Energy Corp. v. Hallin (In re Treaty Energy Corp.)

Ruling
Involuntary debtor not entitled to recover losses to stock sales during pendency of dismissed case absent proof that price of shares declined.
Issue(s)
Was involuntary debtor's claim for alleged losses resulting from petitioning creditors' filing of the involuntary bankruptcy petition properly denied?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 27, 2015 , LexisNexis #1115-108

In re Jackson

Ruling
Scheduling of sheriff's sale in order to induce debtor to pay discharged debt violated the discharge injunction.
Issue(s)
Did the scheduling of a sheriff's sale in order to induce debtor to pay discharged debt violate the discharge injunction?

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Consumer opinion summary, case decided on September 25, 2015 , LexisNexis #1015-090

Dreyfuss v. Cory (In re Cloobeck)

Ruling
Trustee is required to provide notice and hearing to creditors prior to paying taxes on behalf of the estate.
Issue(s)
Whether 11 U.S.C.S. § 503(b), required a chapter 7 trustee to provide notice to creditors, and obtain a hearing, before paying taxes incurred by the estate.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 12, 2015 , LexisNexis #0715-011

Lamar Archer & Cofrin LLP v. Appling (In re Appling)

Ruling
Claim for legal fees by debtor's former attorneys was nondischargeable due to debtor's misrepresentations regarding size of potential tax refund.
Issue(s)
Was claim for unpaid attorneys' fees nondischargeable due to debtor's misrepresentations regarding size of potential tax refund?

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Consumer opinion summary, case decided on March 10, 2015 , LexisNexis #0415-046

In re McKenzie

Ruling
Above-median debtor's plan could not be confirmed as it did not pay unsecured creditors interest on claims.
Issue(s)
Whether a debtor must pay interest on unsecured claims in order to comply with 11 U.S.C. § 1325(b)(1)(A) where the debtor is not paying all of his "projected disposable income" to unsecured creditors as required by section 1325(b)(1)(B)?

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Consumer opinion summary, case decided on September 30, 2014 , LexisNexis #1114-031

Harris v. Lendmark Fin. Servs. LLC (In re Harris)

Ruling
Preference period wage garnishment was avoidable.
Issue(s)
Was prepetition wage garnishment an avoidable preferential transfer?

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Consumer opinion summary, case decided on August 05, 2014 , LexisNexis #0914-025

Copeland v. Fink (In re Copeland)

Ruling
Nondischargeability of tax debt alone did not justify special classification.
Issue(s)
Was confirmation of plan that separately classified nondischargeable tax debt properly denied as unfairly discriminating against remaining unsecured creditors?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 31, 2014 , LexisNexis #0614-130

Shapiro v. Henson

Ruling
Trustee may seek turnover from an entity so long as it held property during case.
Issue(s)
Whether a trustee's turnover power is solely restricted to recovering bankruptcy estate property, or its value, from entities having "possession, custody, or control" of the property at the time the motion for turnover is filed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 09, 2014 , LexisNexis #0114-129

Flugence v. Axis Surplus Ins. Co. (In re Flugence)

Ruling
Personal injury claim not disclosed by debtor properly barred as by judicial estoppel but could be pursued by trustee.
Issue(s)
Did bankruptcy court abuse its discretion by holding that debtor was judicially estopped from pursuing personal injury claim due to nondisclosure and could trustee pursue claim on behalf of the estate?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 22, 2013 , LexisNexis #1213-099