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First United Bank v. Garner (In re Garner)

Nov
30
2011
Ruling
Prime plus rate of interest, rather than contract rate, properly applied on claim following confirmation.
Procedural posture

Creditor sought judicial review of the U.S. District Court for the Middle District of Alabama's affirmation of the bankruptcy court's order that partially overruled its objection to confirmation of the Chapter 13 bankruptcy plan. It contended that under 11 U.S.C.S. § 506(b), appellee debtor had to pay interest on its claim at the contract rate of 10.5 percent because it was an oversecured creditor.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 30, 2011 , LexisNexis #1211-079
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Lawrence v. Goldberg

Jul
10
2009
Ruling
Action filed by debtor against trustee for actions undertaken pursuant to official duties was barred absent leave of bankruptcy court.
Procedural posture

Plaintiff bankruptcy debtor, sued defendants, the bankruptcy trustee and firms and entities he employed, and certain creditors and firms and entities they employed, alleging numerous state and federal law violations in connection with attempts to collect assets of the estate. The district court for the Southern District of Florida dismissed the case for lack of subject matter jurisdiction under the "Barton doctrine."

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 10, 2009 , LexisNexis #0809-027
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Chira v. Saal (In re Chira)

May
15
2009
Ruling
Rights of non-debtor spouse to proceeds of sale pursuant to assumed prepetition contract properly subordinated to all other claims of creditors due to spouse's underhanded conduct.
Procedural posture

In an adversary proceeding, plaintiff, the former wife of a chapter 7 debtor, appealed a judgment from the District Court for the Southern District of Florida affirming the bankruptcy court's approval of the sale of a hotel owned by her and debtor to a third party and equitably subordinating her claim to the sale price of the hotel to the claims of all other bankruptcy estate creditors.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 15, 2009 , LexisNexis #0609-133
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