Judge Barrett

Walton v. HLJ Enters. (In re HLJ Enters.)

Objectors, the U.S. Trustee (UST) and a creditor, challenged the right of an accounting firm to compensation based on its second application for compensation and also sought an order requiring the firm to disgorge fees previously paid to it. At issue was whether the firm was ineligible to serve as an accountant for debtor in possession (DIP) by reason of 11 U.S.C.S. § 327(a).
Ruling: 
Accounting firm's application for compensation denied as it was ineligible to provide services to debtor in possession.
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Commercial case opionion summary, case decided on June 28,2011, LexisNexis #0911-036

Wilmington Plantation Owners Assn v. Foster (In re Foster)

A homeowners' association and individual homeowners filed a motion to dismiss a debtor's case for cause pursuant to 11 U.S.C.S. § 1112(b)(1) on the grounds that the petition was not filed in good faith. The debtor, an unsecured creditor, and two secured creditors opposed the motion.
Ruling: 
Case filed to gain tactical advantage in litigation dismissed as not filed in good faith.
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Consumer case opionion summary, case decided on June 17,2011, LexisNexis #0911-061

In re Graham Bros. Constr. Inc.

A claimant of Chapter 11 debtor filed a motion to allow a late claim.
Ruling: 
Late filed proof of claim disallowed where creditor intentionally had sought to avoid jurisdiction of bankruptcy court.
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Commercial case opionion summary, case decided on May 16,2011, LexisNexis #0811-135

Adams v. Volpitto (In re Volpitto)

Former employees brought an adversary proceeding against bankruptcy debtor seeking a determination that a debt to the employees for the debtor's failure to make employer contributions to a retirement plan was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's breach of fiduciary duty as the plan trustee.
Ruling: 
Debtor employer's failure to make discretionary contributions to profit sharing plan did not result in nondischargeable debt.
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Consumer case opionion summary, case decided on March 22,2011, LexisNexis #0711-015

Baxter v. Turner (In re Turner)

Bankruptcy debtors were above-median-income debtors with negative disposable income and the debtors proposed a plan which provided for monthly payments for the benefit of unsecured creditors for a period of three years. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the applicable commitment period under 11 U.S.C.S. § 1325(b)(1)(B) was at least five years.
Ruling: 
Confirmation denied where above median debtors' plan proposed term of less than 60 months.
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Consumer case opionion summary, case decided on March 17,2010, LexisNexis #0610-134

GD Deal Holdings LLC v. Sharma (In re Sharma)

Before the court was the motion for relief from stay filed by a bank seeking stay relief based upon debtor's stated intent to retain the bank's collateral without entering into a reaffirmation agreement.
Ruling: 
Chapter 7 debtor required to reaffirm debt in order to retain secured real property.
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Consumer case opionion summary, case decided on January 15,2010, LexisNexis #0410-084

Squire v. D.B. Zwiru Special Opportunities Fund FP

Debtor sought review of an order of the Bankruptcy Court of the Southern District of Ohio, which dismissed, for lack of standing, his counterclaim against appellee creditor for breach of the implied covenant of good faith and fair dealing and violations of the Racketeer Influenced and Corrupt Organization Act (RICO).
Ruling: 
Debtor did not have standing to pursue counterclaims in adversary proceeding that properly belonged to trustee.
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Consumer case opionion summary, case decided on March 31,2009, LexisNexis #0509-026

In re Molitor

The United States Trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy petition, based upon the presumption of abuse under 11 U.S.C.S. § 707(b)(2) and the totality of the circumstances under 11 U.S.C.S. § 707(b)(3). The Trustee filed a motion for extension of time to file a motion to dismiss pursuant to Interim Fed. R. Bankr. P. 1017(e)(1) and 4004(a) regarding potential 11 U.S.C.S. §§ 707(b) and 727 claims.
Ruling: 
Trustee's last minute request for extension of time to file additional motion to dismiss denied.
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Consumer case opionion summary, case decided on September 05,2008, LexisNexis #1208-120

In re Kelton

A chapter 13 debtor filed a motion to strike an auditor's report, which had been prepared pursuant to § 603 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, § 603, 119 Stat. 23, 122 (2005), and 28 U.S.C.S. § 586(f). The United States Trustee filed a motion for a Fed. R. Bankr. P. 2004 examination. The debtor filed a motion for a protective order.
Ruling: 
Motion to strike auditor's report denied and Rule 2004 examination ordered.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0708-025

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