Oct
16
2014
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
Jul
23
2014
In re Smith
Ruling:
Debtor's plan could not strip off second lien that retained in rem viability under state law.
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Consumer case opionion summary, case decided on July 23,2014, LexisNexis #0814-100
Jul
10
2014
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
May
22
2014
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
May
15
2014
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
Mar
03
2014
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
Feb
18
2014
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
Jan
27
2014
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.
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Commercial case opionion summary, case decided on January 27,2014, LexisNexis #0214-081
Nov
12
2013
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
Oct
04
2013
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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