Judge Davis

Whites Lumber Inc. v. Barksdale (In re Barksdale)

Plaintiff lumber company filed separate adversary proceedings against defendant Chapter 7 debtors, a father and son, seeking a determination that the debtors owed the company debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed affirmative defenses and counterclaims seeking an award of attorney fees and costs, and the court consolidated the actions and tried both cases together.
Ruling: 
Builders did not owe fiduciary duty to lumber company that extended credit and resulting debt was dischargeable.
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Commercial case opionion summary, case decided on September 29,2010, LexisNexis #1110-051

In re Nichols

After a debtor filed an individual, bare bones voluntary petition for Chapter 12 relief, a creditor who was a successor in interest to a bank sought conversion of the debtor's Chapter 12 case to one under Chapter 7 pursuant to 11 U.S.C.S. § 1208(d).
Ruling: 
Involuntary conversion from chapter 12 to chapter 7 denied as debtor's transfer to LLC appeared to be a legitimate estate planning move.
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Consumer case opionion summary, case decided on August 31,2010, LexisNexis #1010-060

In re Bartelini

Debtors filed separate petitions under chapter 13, and a trustee was appointed to administer their bankruptcy estates. The trustee filed objections to plans the debtors proposed for repaying their creditors, claiming that the plans could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because the debtors had not committed all of their projected disposable income to repay debts they owed to unsecured creditors.
Ruling: 
Social Security income properly excluded from debtor's income calculations.
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Consumer case opionion summary, case decided on June 02,2010, LexisNexis #0910-001

In re Morris

Before the court was a creditor's motion for an order (1) lifting the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to allow it to proceed with certain state court litigation, (2) waiving the 14-day stay imposed by Fed. R. Bankr. P. 4001(a)(3) upon entry of an order granting a motion for relief from stay, and (3) extending its time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b). Debtors filed an Opposition.
Ruling: 
Stay lifted to allow creditor to liquidate, but not enforce, its claim.
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Consumer case opionion summary, case decided on May 27,2010, LexisNexis #0910-039

In re Glenn

Before the court for decision in two cases filed under chapter 7 Code were objections filed by the chapter 7 Trustee pertaining to debtors' claim of a cash exemption in their respective income tax refunds.
Ruling: 
The 50/50 Refund Rule applied to cash exemption in tax refund.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0810-022

Economic Dev. Growth Enters. Corp. v. McDermott (In re McDermott)

Plaintiff creditors brought an adversary proceeding seeking a denial of discharge of a debt incurred by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6).
Ruling: 
Debtor's officer's transfer from one corporation to another of which he was also an officer was not a breach of fiduciary duty and did not cause intentional injury.
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Consumer case opionion summary, case decided on May 04,2010, LexisNexis #0810-048

In re Wesseldine

In the chapter 13 debtors' proposed plan, movant, the counsel for the debtors, sought to carve out certain services out of the flat fee submitted in its disclosure pursuant to 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b). The chapter 13 trustee filed an objection.
Ruling: 
Debtors' attorneys not entitled to fees in excess of initial flat fee.
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Consumer case opionion summary, case decided on March 08,2010, LexisNexis #0510-072

Planavsky v. County of Broome (In re Planavsky)

Plaintiff chapter 11 debtor filed an adversary proceeding against defendants, two counties, a city, and various towns, villages, and school districts, seeking a determination under 11 U.S.C.S. § 505 of the amount of real property taxes he owed. Several defendants filed motions to dismiss.
Ruling: 
Bankruptcy court lacked jurisdiction to determine state tax debt where debtor had not taken all necessary steps under state law.
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Consumer case opionion summary, case decided on February 17,2010, LexisNexis #0410-139

In re Burkhart

In a previous order, the court found that a creditor willfully violated the automatic stay imposed by a debtor's chapter 13 bankruptcy proceeding. The court held an evidentiary hearing on the issue of whether the debtor was entitled to an award of actual and punitive damages pursuant to 11 U.S.C.S. § 362(k). On its own motion, the court considered the imposition of sanctions on the debtor's attorney for violation of a scheduling order.
Ruling: 
Reasonable attorneys' fees but not punitive damages awarded for stay violation.
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Consumer case opionion summary, case decided on February 09,2010, LexisNexis #0410-045

Scheidelmann v. Henderson (In re Henderson)

Pro se plaintiffs, creditors who contracted with the debtor for home remodeling, commenced an adversary proceeding against the debtors, raising claims pursuant to 11 U.S.C.S. §§ 523(a)(4), (a)(6), and 727(a)(3), (4)(A), (4)(B), and (6)(A). The debtors moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Alternatively, the debtors moved for a more definite statement.
Ruling: 
Claims in nondischargeability proceeding dismissed as insufficiently pled except for claim based on fiduciary defalcation.
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Consumer case opionion summary, case decided on January 27,2010, LexisNexis #0410-017

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