Rhode Island

In re Huntington

In a chapter 7 debtor's bankruptcy case, movant creditor filed a motion for relief from stay to record a postpetition attachment against escrowed funds.
Ruling: 
Creditor not allowed relief from stay to perfect postpetition attachment.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-109

Messerlian v. A.O. Smith Corp.

After defendant manufacturer removed claims against it in four asbestos injury cases to federal court, plaintiffs alleged injured parties moved to remand the claims to state court and sought a discretionary award of attorneys' fees, under 28 U.S.C.S. § 1447(c).
Ruling: 
State law claims "related to" debtor's bankruptcy remanded to avoid duplication of judicial efforts.
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Commercial case opionion summary, case decided on December 29,2009, LexisNexis #0210-130

Saunders Real Estate Corp. v. Pearlman (In re Pearlman)

Creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(3) on the ground that the debtor failed to maintain proper books and records. At the conclusion of a trial on the merits, the court allowed the creditor to amend its complaint to include claims that the debtor should be denied a discharge under 11 U.S.C.S. § 727(a)(2) and (a)(4).
Ruling: 
Discharge denied due to debtor's false representations and concealment.
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Consumer case opionion summary, case decided on September 16,2009, LexisNexis #1209-103

In re Medaglia

Buyer purchased the debtor's property at a prepetition foreclosure auction. A memorandum of sale was executed on the same day of the auction, and the buyer paid the required deposit. Before the buyer recorded his deed, the debtor filed a chapter 13 case. The buyer moved for relief from the automatic stay in order to record a deed and to take possession of the property.
Ruling: 
Relief from stay granted to allow recordation of deed from prepetition foreclosure sale that cut off debtor's right to cure.
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Consumer case opionion summary, case decided on April 01,2009, LexisNexis #0609-066

In re Sawyer

A debtor filed a motion, pursuant to 11 U.S.C.S. § 524(m)(1), to approve a reaffirmation with a creditor covering the debtor's motor vehicle.
Ruling: 
Reaffirmation agreement that constituted an undue financial hardship on debtor could not be approved.
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Consumer case opionion summary, case decided on February 24,2009, LexisNexis #0509-085

In re Burbank

The chapter 13 trustee objected to confirmation of the above-median debtors' plan, asserting that the monthly payments proposed under the plan failed to meet the requirements of the means test, and the plan did not provide that all of the debtors' projected disposable income would be applied to plan payments, based on the debtors' deduction of expenses for motor vehicles and real property they would not actually be paying.
Ruling: 
Debtors entitled to deduct payments on vehicle owned free and clear and mortgage on property intended for surrender.
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Consumer case opionion summary, case decided on February 24,2009, LexisNexis #0409-085

In re Visnicky

A creditor filed a motion to confirm that the automatic stay was terminated, pursuant to 11 U.S.C.S. §§ 362(d)(1) and 521(a)(6). The chapter 7 debtor requested court approval of his reaffirmation agreement with the creditor regarding the debtor's motor vehicle.
Ruling: 
Stay confirmed as terminated and reaffirmation agreement disapproved due to failure to rebut presumption of undue hardship.
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Consumer case opionion summary, case decided on February 19,2009, LexisNexis #0409-075

McMillan v. LTV Steel Inc.

Debtor employer filed a voluntary petition for chapter 11 bankruptcy. Plaintiff retired employee was granted leave to file administrative expense claims for unpaid pension funds, severance benefits, and backpay under 11 U.S.C.S. § 503(a). The District Court for the Northern District of Ohio upheld the bankruptcy court's denial of the employee's claim based on the employer's objection. The employee appealed.
Ruling: 
Employee's administrative expense claim for retirement benefits properly denied as he became entitled to the benefits prior to petition date.
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Commercial case opionion summary, case decided on February 05,2009, LexisNexis #0309-103

Rederford v. US Airways Inc.

Plaintiff former employee sued defendant airline, alleging that she was terminated in violation of the Americans with Disabilities Act. The airline then filed for chapter 11 bankruptcy protection. The employee's claim was disallowed after she failed to file a written response or request a hearing in response to the airline's objection to the class of claims that included her claim. The airline then moved to dismiss for failure to state a claim.
Ruling: 
Employee's ADA claim was discharged due to failure to respond to debtor's objection to relevant class of claims.
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Commercial case opionion summary, case decided on November 19,2008, LexisNexis #1208-138

Ferrara v. DAddario (In re Tinney)

Plaintiff, a bankruptcy trustee, filed an action against defendant attorney alleging that the attorney committed legal malpractice when he represented the debtor in certain probate court matters related to the estate of the debtor's deceased adoptive mother. The attorney filed a motion to withdraw the reference to the bankruptcy court, pursuant to 28 U.S.C.S. § 157(d).
Ruling: 
Reference of debtor's action for legal malpractice in probate court proceeding withdrawn.
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Consumer case opionion summary, case decided on August 06,2008, LexisNexis #0908-031

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