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Northern District

In re Moore

Debtors, a husband and wife, filed a petition under chapter 13 and proposed a plan for repaying their creditors which bifurcated a secured claim that was filed by a mortgage servicing company. The mortgage servicing company filed an objection to the debtors' plan.
Ruling: 
Modification of a secured claim on multi-use property not barred where mortgage covered both debtor's residence and other income producing property.
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Consumer case opionion summary, case decided on November 18,2010, LexisNexis #1210-133

Muse v. Flagstar Bank (In re Muse)

In a adversary proceeding in a reopened chapter 7 bankruptcy case, the trustee filed a motion for summary judgment, endeavoring to avoid the mortgage lien of defendant bank. The mortgage had been listed in the debtor's bankruptcy schedules, but the mortgage, which was made several years before the debtor filed for bankruptcy, had not been recorded until the day the motion trustee's motion to reopen was granted.
Ruling: 
Scheduled prepetition mortgage not recorded until day before case was reopened could be avoided.
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Consumer case opionion summary, case decided on November 02,2010, LexisNexis #1210-089

In re King

Debtors filed a petition under chapter 13, and a bank filed a claim against the debtors' bankruptcy estate, seeking repayment of loans it made that were guaranteed by the male debtor. The debtors sought an order under 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a) which disallowed part of the bank's claim.
Ruling: 
Debtor could not require creditor to repossess collateral rather than seek repayment.
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Consumer case opionion summary, case decided on October 20,2010, LexisNexis #1210-011

Whites Lumber Inc. v. Barksdale (In re Barksdale)

Plaintiff lumber company filed separate adversary proceedings against defendant Chapter 7 debtors, a father and son, seeking a determination that the debtors owed the company debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed affirmative defenses and counterclaims seeking an award of attorney fees and costs, and the court consolidated the actions and tried both cases together.
Ruling: 
Builders did not owe fiduciary duty to lumber company that extended credit and resulting debt was dischargeable.
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Commercial case opionion summary, case decided on September 29,2010, LexisNexis #1110-051

In re Pagan

The Chapter 13 trustee objected to confirmation of the proposed plan by the debtor. At issue was whether was whether she was committing all of her projected disposable income to make payments to unsecured creditors under the plan as required by 11 U.S.C.S. § 1325(b)(1)(B) when she included her employer's portion of her health insurance premium as a living expense deduction but did not correspondingly reflect that premium payment as income.
Ruling: 
Confirmation denied due to debtor's improper deduction of employer's contribution to health insurance plan.
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Consumer case opionion summary, case decided on September 24,2010, LexisNexis #1010-130

In re Nichols

After a debtor filed an individual, bare bones voluntary petition for Chapter 12 relief, a creditor who was a successor in interest to a bank sought conversion of the debtor's Chapter 12 case to one under Chapter 7 pursuant to 11 U.S.C.S. § 1208(d).
Ruling: 
Involuntary conversion from chapter 12 to chapter 7 denied as debtor's transfer to LLC appeared to be a legitimate estate planning move.
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Consumer case opionion summary, case decided on August 31,2010, LexisNexis #1010-060

In re Reid

The chapter 13 trustee filed a motion to dismiss the pro se debtor's case, his third filing in six years, for unreasonable delay that was prejudicial to creditors.
Ruling: 
Pro se debtor's third case in six years dismissed for bad faith with bar on stay in any future filing.
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Consumer case opionion summary, case decided on August 02,2010, LexisNexis #0910-100

Bruno Mach. Corp. v. Troy Die Cutting Co. (In re Bruno Mach. Corp.)

Plaintiff reorganized chapter 11 debtor filed an adversary proceeding against defendants, a die cutting company ("LLC") and the LLC's owner, seeking a determination that transfers its predecessor made to the LLC were preferential transfers or fraudulent conveyances that could be avoided under 11 U.S.C.S. §§ 544, 547, and 548, and N.Y. Debt. & Cred. Law §§ 273-276.
Ruling: 
LLC and owner that had close relationship with debtor's predecessor were "insiders" whose transfer from debtor could be avoided.
ABI Membership is required to access the full summary of Bruno Mach. Corp. v. Troy Die Cutting Co. (In re Bruno Mach. Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 09,2010, LexisNexis #0810-092

In re Bartelini

Debtors filed separate petitions under chapter 13, and a trustee was appointed to administer their bankruptcy estates. The trustee filed objections to plans the debtors proposed for repaying their creditors, claiming that the plans could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because the debtors had not committed all of their projected disposable income to repay debts they owed to unsecured creditors.
Ruling: 
Social Security income properly excluded from debtor's income calculations.
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Consumer case opionion summary, case decided on June 02,2010, LexisNexis #0910-001

In re Morris

Before the court was a creditor's motion for an order (1) lifting the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to allow it to proceed with certain state court litigation, (2) waiving the 14-day stay imposed by Fed. R. Bankr. P. 4001(a)(3) upon entry of an order granting a motion for relief from stay, and (3) extending its time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b). Debtors filed an Opposition.
Ruling: 
Stay lifted to allow creditor to liquidate, but not enforce, its claim.
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Consumer case opionion summary, case decided on May 27,2010, LexisNexis #0910-039

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