Judge Davis

In re Borchert

Debtors' attorney filed a motion requesting a determination by the court that certain funds awarded in connection with the settlement of class action litigation were not property of the debtors' bankruptcy estate under 11 U.S.C.S. § 541.
Ruling: 
Debtor's Vioxx injury sufficiently incurred prepetition for class action proceeds to be property of the estate.
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Consumer case opionion summary, case decided on January 08,2010, LexisNexis #0310-034

In re Quintana

A chapter 13 debtor objected to a creditor's proof of claim. The creditor set forth in its objection to the confirmation of the debtor's plan its objection to the debtor's claim of a homestead objection pursuant to N.Y. C.P.L.R. 5206(a)(1).
Ruling: 
Objection to proof of claim overruled where creditor held valid lien on debtor's residence.
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Consumer case opionion summary, case decided on December 15,2009, LexisNexis #0210-049

In re MHS Mgmt. Group LLC

Movant creditor brought a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2), or in the alternative, the appointment of a 11 U.S.C.S. § 1104 trustee and an order directing the debtor to make adequate protection payments. Respondent debtor filed an opposition.
Ruling: 
Relief from stay granted to allow foreclosure of property in which debtor lacked equity.
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Commercial case opionion summary, case decided on October 26,2009, LexisNexis #1209-040

In re Squires Motel LLC

Creditor filed a motion seeking dismissal of the chapter 11 case of debtor" pursuant to 11 U.S.C.S. § 1112(b), or in the alternative, relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d).
Ruling: 
Case dismissed for bad faith where foreclosed properties were transferred to "new debtor" just prior to petition date.
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Commercial case opionion summary, case decided on September 17,2009, LexisNexis #1109-006

In re Janice Banks

In a chapter 7 bankruptcy case, the United States Trustee (UST) filed a motion to dismiss the petition as an abuse under 11 U.S.C.S. § 707(b).
Ruling: 
Case ordered converted or dismissed where above median debtor had made no non- bankruptcy efforts to remedy Small Business Association loan debt.
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Commercial case opionion summary, case decided on September 04,2009, LexisNexis #1009-024

Tate v. Bolen (In re Tate)

Debtors sought review of an order of the District Court for the Southern District of Mississippi, affirming a judgment of the bankruptcy court dismissing the debtors' chapter 7 case for abuse. Appellee trustee had challenged the vehicle ownership deduction under 11 U.S.C.S. § 707(b), and the bankruptcy court granted the trustee's motion to dismiss the case.
Ruling: 
Dismissal reversed as debtor's expense deduction for vehicle owned free and clear should have been allowed.
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Consumer case opionion summary, case decided on June 10,2009, LexisNexis #0709-093

Si Restructuring Inc. v. Wooley

Appellant creditors sought review of an order of the District Court for the Western District of Texas affirming a bankruptcy court order granting a motion by appellee plan administrator authorizing disbursal of a reserve fund, which had been established to pay additional secured claims of the creditors under 11 U.S.C.S. § 506(b).
Ruling: 
Authorization of disbursal of reserve fund to administrator's counsel reversed for determination of oversecured creditors' claims.
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Commercial case opionion summary, case decided on August 28,2008, LexisNexis #0908-097

SI Restructuring Inc. v. Faulkner (In re SI Restructuring Inc.)

Appellants sought review of an order of the District Court for the Western District of Texas, San Antonio Division, affirming a bankruptcy court's order invoking equitable subordination pursuant to 11 U.S.C.S. § 510(c), which effectively converted secured claims filed by appellants to unsecured claims for the purpose of any distributions.
Ruling: 
Equitable subordination of secured claims reversed.
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Commercial case opionion summary, case decided on June 20,2008, LexisNexis #0708-099

In re Cribbs

The U.S. Trustee (UST) filed a motion to dismiss debtors' chapter 7 case under the provisions of 11 U.S.C.S. § 707(b) which provided in relevant part that a case could be dismissed if a court found that the granting of chapter 7 relief would be an abuse of the provisions of the chapter.
Ruling: 
Debtors' good faith attempt to use 401(k) loan to repay debts was a special circumstance rebutting presumption of abuse.
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Consumer case opionion summary, case decided on May 02,2008, LexisNexis #0708-014

In re Heyward

A debtor filed a motion, pursuant to 11 U.S.C.S. § 1329, to modify and pay off his confirmed chapter 13 plan earlier than 36 months.
Ruling: 
Motion to modify plan to allow early plan payoff denied unless debtor proposed to pay creditors 100% of allowed claims.
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Consumer case opionion summary, case decided on March 06,2008, LexisNexis #0608-092

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