Judge Morris

In re Laycock

Ruling: 
Debtor could not modify loan secured by property used by debtor as residence and for business.
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Consumer case opionion summary, case decided on September 25,2013, LexisNexis #1013-043

In re Garris

Ruling: 
Bankruptcy court could not compel trustee to pay legal fees directly to debtors' attorneys pursuant to "assignment of rights" signed by debtor.
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Consumer case opionion summary, case decided on September 05,2013, LexisNexis #0913-134

In re Ortiz

Ruling: 
Debtor's attorneys could not exclude routine matters such as attendance at §341 meetings from scope of representation.
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Consumer case opionion summary, case decided on August 20,2013, LexisNexis #0913-036

Wiggins v. Housley (In re Wiggins)

Ruling: 
Real estate broker was liable for actual damages due to employee's violation of §110.
ABI Membership is required to access the full summary of Wiggins v. Housley (In re Wiggins). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 03,2013, LexisNexis #1213-002

In re Wapshare

A chapter 13 debtor asserted that a creditor with a second mortgage lien against the debtor's residence was unsecured based on the value of the residence, which provided no equity to which the creditor's lien could attach. The debtor moved to avoid the creditor's lien and to reclassify the creditor's claim as unsecured.
Ruling: 
Wholly unsecured second lien was avoidable but creditor retained right to object to plan confirmation.
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Consumer case opionion summary, case decided on May 15,2013, LexisNexis #0613-025

Togut v. Deutsche Bank (In re Anthracite Capital Inc.)

In a joint motion filed by the chapter 7 trustee and defendants in adversary proceedings, the parties sought an order sealing several documents filed in the adversary proceedings and a settlement agreement among the parties.
Ruling: 
Demand by defendants that documents be sealed as prerequisite to settlement of adversary proceeding was not grounds for granting motion to seal.
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Commercial case opionion summary, case decided on May 09,2013, LexisNexis #0613-037

In re Dumain

Chapter 13 debtor objected to the secured claim of creditor bank, alleging that the claim should be disallowed as late-filed pursuant to Fed. R. Bankr. P. 3002(c) because it was filed after the claims bar date.
Ruling: 
Secured creditors must file proofs of claim by bar date in chapter 13 cases.
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Consumer case opionion summary, case decided on May 08,2013, LexisNexis #0513-139

In re Osborne

Debtors filed a petition under chapter 7 of the Bankruptcy Code in November 2011 and received a discharge in March 2012. The court granted the chapter 7 trustee's motion to reopen the debtors' case to administer an asset not previously discovered, and the debtors filed a motion for an order vacating their discharge and dismissing their case, on grounds that they were ineligible to be debtors under 11 U.S.C.S. § 109(h).
Ruling: 
Debtor could not claim use of outdated credit counseling certificate was grounds to vacate trustee's motion to reopen to administer undisclosed assets.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0413-001

In re Dynergy Inc.

A chapter 11 debtor filed a motion to enforce the court's order confirming a joint chapter 11 plan of reorganization. The debtor alleged that an amended complaint filed by the lead plaintiff in securities litigation pending in federal district court violated a paragraph of the confirmation order.
Ruling: 
Bankruptcy court abstained from determining if complaint in securities litigation included claim released in chapter 11 plan.
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Commercial case opionion summary, case decided on February 15,2013, LexisNexis #0313-067

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