Judge Davis

Meredith v. City of Camden Water & Sewer (In re Smith)

Ruling: 
Counsel admonished for failure to used electronic filing system.
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Consumer case opionion summary, case decided on September 16,2013, LexisNexis #1013-068

In re St. Louis

Ruling: 
Order sustaining objection to proof of claim vacated due to improper service upon creditor.
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Consumer case opionion summary, case decided on August 21,2013, LexisNexis #0913-069

Wang v. Shao Ke (In re Shao Ke)

Ruling: 
Debt was nondischargeable due to debtor's personal use of corporate funds.
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Consumer case opionion summary, case decided on August 14,2013, LexisNexis #0913-015

In re Investors Lending Group LLC

Law firm that represented Official Committee of Unsecured Creditors (the Committee) in a chapter 11 case filed an application for attorneys' fees. The Committee raised an objection to the fee application.
Ruling: 
Fee application of attorney for official committee of secured creditors approved as reasonable over committee's objection.
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Commercial case opionion summary, case decided on July 08,2013, LexisNexis #0813-074

In re Mixon

A debtor filed a motion for relief from stay under 11 U.S.C.S. § 362(d) in order to pursue a state law case against a judgment creditor to determine the amount of her debt and whether the judgment was proper.
Ruling: 
Debtor denied relief from stay to pursue state court action against creditor that would interfere with bankruptcy.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-078

McDonald v. Dunnett (In re Dunnett)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4), and (a)(6). Because the creditor failed to pursue his § 523(a)(4) and (a)(6) claims at trial and to address them in his post-trial submission, the court concluded that he abandoned these claims.
Ruling: 
Debt was dischargeable absent actionable misrepresentations or omissions.
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Consumer case opionion summary, case decided on May 29,2013, LexisNexis #0713-014

In re Chatham Parkway Self Storage LLC

Debtor Georgia limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting self-storage units as a debtor-in- possession. The debtor asked the court for permission to use cash collateral it pledged to a bank to pay attorneys' fees and fees charged by its financial advisor, pursuant to 11 U.S.C.S. § 363. The bank opposed the debtor's motion.
Ruling: 
Single asset real estate debtor could use cash collateral to pay fees of attorneys and financial advisor.
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Commercial case opionion summary, case decided on April 25,2013, LexisNexis #0613-043

In re Hardigan

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") and a bank filed motions seeking an order under 11 U.S.C.S. § 707(b)(3)(B) which converted the debtor's case to one under chapter 11 of the Bankruptcy Code or dismissed the case. The court denied the UST's and the bank's motion for summary judgment and held a hearing on the motions.
Ruling: 
Conversion or dismissal denied where debtor's income was insufficient to support a chapter 11 plan.
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Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-130

In re Schuman

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying her creditors. After the debtor's plan was confirmed, her attorney filed an application seeking an interim award of $9,652.50 in attorney's fees and $245.60 in expenses under 11 U.S.C.S. §§ 330 and 331. The court held a hearing on the application.
Ruling: 
Attorneys' fee application approved in reduced amount due to excessive hours billed.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-108

Dittenber v. Brown (In re Brown)

Debtor's ex-husband (creditor), initiated this adversary proceeding by filing a Complaint to Determine Dischargeability of Debt. The creditor asserted that pursuant to 11 U.S.C.S. § 523(a)(15), debtor's obligations under a Divorce Agreement and a Contempt Agreement were nondischargeable. Before the court was his Motion for Summary Judgment. Debtor did not file a response to the motion.
Ruling: 
Debtor's obligation under divorce agreement to indemnify and hold spouse harmless was nondischargeable although underlying obligation to creditor was dischargeable.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0513-052

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