Judge Drake

In re Mack

Before the court was the issue of confirmation of debtor's chapter 13 plan. The chapter 13 Trustee objected to confirmation and also sought dismissal of the case.
Ruling: 
Objection to confirmation based on failure to include non-debtor spouse's income in current monthly income calculation overruled.
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Consumer case opionion summary, case decided on September 11,2012, LexisNexis #0213-028

Collins. v. Sydow (In re NC12 Inc.)

After defendants, individuals alleged to have misappropriated assets of debtor, a Nevada corporation, removed the within case from state court, plaintiffs, who were shareholders in debtor who had sued defendants in state court for breach of fiduciary duty and similar claims, moved to remand to state court. Plaintiffs thus joined intervenors, who also were asserting such claims against defendants, in seeking to return the case to state court.
Ruling: 
Intervenors' security fund claims for misappropriation of debtor's assets remanded to state court.
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Commercial case opionion summary, case decided on August 30,2012, LexisNexis #1212-098

In re ONeal

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to dismiss the debtor's case for "cause," pursuant to 11 U.S.C.S. § 1307(c), claiming that the debtor declared chapter 13 bankruptcy and filed his bankruptcy plan in bad faith. The court held a hearing on the ex-wife's claims.
Ruling: 
Plan could be confirmed over objection of former spouse where claim was for property settlement, not alimony, and could be compromised.
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Consumer case opionion summary, case decided on April 18,2012, LexisNexis #0612-133

In re Nittolo

Movant, the servicer for a creditor of a chapter 11 debtor, asked the court for relief from stay per 11 U.S.C.S. § 362(d) for cause, thereby permitting movant to use a "lock out" to recover possession of real estate that it had purchased at a foreclosure sale that had occurred under an order granting relief from stay in a prior bankruptcy case of debtor, one of three cases filed by her in 2009 and 2010. Debtor opposed relief.
Ruling: 
Relief from stay granted to allow purchaser of real estate at foreclosure to enforce rights under state law.
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Consumer case opionion summary, case decided on March 16,2012, LexisNexis #0612-110

Moore v. Delta Cmty. Credit Union (In re Moore)

Before the court was the Motion to Reconsider the Court's Final Order Resolving the Adversary Proceeding filed by defendant creditor. Plaintiff debtors opposed the Motion.
Ruling: 
Reconsideration of order resolving adversary proceeding granted on grounds of excusable neglect and limited delay or prejudice.
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Consumer case opionion summary, case decided on March 06,2012, LexisNexis #0612-139

In re Minnix Constr. Inc.

The chapter 7 trustee objected to a priority unsecured claim filed by claimant, an accounting firm that had provided services to debtor both before and after the filing of debtor's chapter 7 case. At issue was whether the claim was properly classified as a priority unsecured claim or if, as urged by the trustee, some part of it was properly allowed as an unsecured claim and some part was properly disallowed in its entirety.
Ruling: 
Debtor's accounting firm, which was not employed by trustee, held a general unsecured claim for fees.
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Commercial case opionion summary, case decided on December 20,2011, LexisNexis #0412-139

In re Freeman

Before the court was the application for compensation filed by a law firm, as debtor's counsel. In the Application, the firm sought approval of $42,348 in fees and expenses. Debtor responded to the application, essentially arguing that the amount billed by the firm was not reasonable.
Ruling: 
Debtor's attorneys' fees allowed as reasonable with small adjustments for time spent by junior associates.
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Consumer case opionion summary, case decided on November 29,2011, LexisNexis #0212-038

In re Buchanan

Before the court was a Request for Consideration and Inclusion in Final Settlement and Compensation, filed by an unsecured claimant.
Ruling: 
Creditor with notice who did not file proof of claim by bar date not entitled to second priority payment.
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Consumer case opionion summary, case decided on October 11,2011, LexisNexis #0212-060

Castillo v. Three Aces Auto Sales (In re Castillo)

Chapter 13 debtors filed a motion pursuant to 11 U.S.C.S. § 362(k), seeking an award of actual damages, attorney's fees, and punitive damages against respondent creditor for a willful violation of the automatic stay.
Ruling: 
Damages awarded for creditor's violation of stay by refusing to turn over vehicle repossessed just prior to petition date.
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Consumer case opionion summary, case decided on May 25,2011, LexisNexis #0911-077

In re Sweet N Sour 7th Ave. Corp.

Movant, the landlord and a creditor of the debtor, moved the court for an order modifying the automatic stay to permit the it to enforce a prepetition warrant of eviction it had obtained against the debtor, terminating the lease. The landlord also sought to apply the debtor's security deposit to past-due rent, arguing that it was entitled to exercise the right of recoupment as to the deposit.
Ruling: 
Stay lifted to allow debtor to vacate eviction order and possibly assume lease.
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Commercial case opionion summary, case decided on June 18,2010, LexisNexis #0810-110

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