Judge Davis

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

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

Ruling: 
Counsel admonished for failure to used electronic filing system.
ABI Membership is required to access the full summary of Meredith v. City of Camden Water & Sewer (In re Smith). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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

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