Judge Davis

In re Howe Farms LLC

Ruling: 
Confirmation of plan proposing cram down of interest rate and payment of loan as long-term debt with twelve-year amortization and seven-year balloon payment denied.
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Commercial case opionion summary, case decided on October 16,2014, LexisNexis #1114-057

In re Barksdale

Ruling: 
Debtors could avoid judgment liens that impaired their homestead exemption but could not avoid liens on adjacent non-homestead property.
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Consumer case opionion summary, case decided on July 10,2014, LexisNexis #0814-008

Lugo v. Islands Motorsports LLC (In re Lugo)

Ruling: 
Debtor entitled to damages for stay violation that led to loss of job.
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Consumer case opionion summary, case decided on May 22,2014, LexisNexis #0614-109

Galin Mortg. Lending LLC v. Jennings (In re Jennings)

Ruling: 
Retroactive relief from stay granted to allow creditor to take title pursuant to foreclosure sale conducted one day after petition date.
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Consumer case opionion summary, case decided on May 15,2014, LexisNexis #0614-108

In re Chatham Parkway Self Storage LLC

Ruling: 
Bankruptcy court had authority to order parties to execute loan documents in order to protect confirmation order.
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Commercial case opionion summary, case decided on March 03,2014, LexisNexis #0314-130

Ciesla v. Harney Mgmt. Partners (In re KLN Steel Prods. Co.)

Ruling: 
Transfers to restructuring consultant avoided as preferential but with credit for unpaid services, which were covered by the new value defense.
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Commercial case opionion summary, case decided on February 18,2014, LexisNexis #0314-055

Bank of N.Y. Mellon v. GC Merchandise Mart LLC (In re Denver Merch. Mart Inc.)

Ruling: 
Debtor did not become liable for prepayment penalty on acceleration of promissory note.
ABI Membership is required to access the full summary of Bank of N.Y. Mellon v. GC Merchandise Mart LLC (In re Denver Merch. Mart Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 27,2014, LexisNexis #0214-081

In re Acee

Ruling: 
Debtor was not a family farmer eligible under chapter 12 as less than half of debts were farm debts.
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Consumer case opionion summary, case decided on November 12,2013, LexisNexis #1213-001

Warren v. PNC Bank Inc. (In re Warren)

Ruling: 
Debtors not entitled to reclassify claim postconfirmation.
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Consumer case opionion summary, case decided on October 04,2013, LexisNexis #1113-033

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