Judge Davis

HOC Group of Timber Noteholders v. Pacific Lumber Co. (In re Scotia Pac. Co. LLC)

The bankruptcy court denied a motion by creditors to expedite bankruptcy proceedings under 11 U.S.C. § 362(d)(3), finding the chapter 11 debtor was not a "single asset real estate" ("SARE") under 11 U.S.C. § 101(51B). The creditors appealed, then sought certification from the bankruptcy court to the court of appeals under 28 U.S.C. § 158(d)(2). The District Court for the Southern District of Texas then certified the appeal.
Ruling: 
Debtor engaged in timber sales was not a single asset real estate debtor and was not subject to expedited proceedings.
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Commercial case opionion summary, case decided on November 13,2007, LexisNexis #1207-004

In re Lightsey

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b).
Ruling: 
Non-debtor spouse's contributions to household expenses had to be included in calculation of current monthly income.
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Thigpen v. Cadle Co. (In re Thigpen)

After debtors reopened their chapter 7 to assert a claim to exemptions relative to real estate that had been scheduled in the original proceeding and thereafter moved to avoid a judicial lien asserted by a judgment creditor, the creditor filed an objection to the exemption claim. At issue was whether debtors were properly permitted to avoid the lien pursuant to 11 U.S.C. § 522(f).
Ruling: 
Debtors could avoid judicial lien impairing exemption claimed only after case was reopened.
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Jumpp v. Chase Home Fin. LLC (In re Jumpp)

Chapter 13 debtor appealed a decision of the Bankruptcy Court for the District of Massachusetts, which denied debtor's motion for a determination and declaratory judgment as to the continuation and existence of the automatic stay, 11 U.S.C. § 362, and a motion to reimpose the stay.
Ruling: 
Stay in debtor's second chapter 13 case in one year did not terminate after 30 days with respect to property of the estate.
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Cozzone v. Ingui

Appellant judgment creditor filed an adversary proceeding complaint in the bankruptcy court against appellee chapter 7 debtor seeking a declaration that the debt owed to him was exempted from discharge under 11 U.S.C. § 523(a)(6). The creditor appealed after the bankruptcy court granted judgment for the debtor and discharged the debt.
Ruling: 
Deemed admission by debtor psychiatrist that he intentionally lied about creditor patient's diagnosis was not admissible in dischargeability proceeding and debt was properly discharged.
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Herrington v. Grant (In re Paxton)

Appellant purchasers challenged an order of the District Court for the Western District of Louisiana, which set aside a tax sale for lack of sufficient notice of the sale to appellees, co-owners one and an assignee of a mortgagee, and, as to the interest of co-owner two, for violation of an automatic stay.
Ruling: 
Court remanded for consideration whether a trustee had a right to set aside a tax sale, whether that interest transferred to a new property owner, and whether the claim was time barred.
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