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In re HNRC Dissolution Co.

May
30
2006
Ruling
Administrative expense application was denied since applicant insurer filed application after plan confirmation.
Procedural posture

Applicant insurer filed an application for allowance of administrative expenses pursuant to 11 U.S.C. § 503. Objector purchaser of the former debtors'assets objected to the application.

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opinion summary, case decided on May 30, 2006 , LexisNexis #0606-083
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In re Montgomery

May
17
2006
Ruling
Objection to confirmation was sustained since the "hanging paragraph"after section 1325(a)(9) prohibited bifurcation under section 506(a)(1) of the secured claim of a purchase-money moter vehicle creditor even where creditor failed to timely object.
Procedural posture

Respondent secured creditor objected to confirmation of petitioner debtors'proposed chapter 13 plan.

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opinion summary, case decided on May 17, 2006 , LexisNexis #0606-007
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Brock v. Draper (In re Draper)

Apr
07
2006
Ruling
Trustee was allowed to avoid transfer of debtors'remainder property interest to daughter since badges of fraud under state fraud law were present.
Procedural posture

Plaintiff chapter 7 trustee sued defendant daughter, alleging that a transfer of the debtors'remainder interest in their home and real property for no consideration was a fraudulent conveyance. The trustee moved for summary judgment.

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opinion summary, case decided on April 07, 2006 , LexisNexis #0506-019
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Goodman v. Parker (In re Parker)

Mar
07
2006
Ruling
Attorney was granted a permanent injunction to stop the debtor from continuing an action against the attorney since the cause of action was estate property and had been sold to the attorney's insurer.
Procedural posture

Plaintiff attorney filed an action against defendant debtor seeking a permanent injunction against the debtor to stop the debtor from continuing to prosecute a state court legal malpractice action asserted against the attorney. In earlier proceedings, the court had issued a preliminary injunction to enjoin prosecution of the state court proceedings.

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opinion summary, case decided on March 07, 2006 , LexisNexis #0406-056
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Berman v. Bill Fields Trucking (In re HNRC Dissolution Co.)

Sep
30
2005
Ruling
Sanctions were not imposed against trustee who filed preference actions after statute of limitations period but withdrew them before sanctions motion was filed.
Procedural posture

Plaintiff liquidating trustee filed preference actions against defendant, one of 38 similarly situated defendants. The trustee filed the preference actions after the statute of limitations had expired. The trustee subsequently moved for voluntary dismissal of the actions, which motion was granted. Defendant moved for sanctions pursuant to Fed. R. Bankr. P. 9011.

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opinion summary, case decided on September 30, 2005 , LexisNexis #0106-105
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