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In re Rising Tide Enter. LLC

A chapter 7 debtor filed various motions, including motions for authority to use cash collateral pursuant to 11 U.S.C.S. § 363(c), a motion to remove trustee pursuant to 11 U.S.C.S. § 324, a motion authorizing the sale of property pursuant to 11 U.S.C.S. § 363(b), motions to impose sanctions pursuant to Fed. R. Bankr. P. 9011, and a motion to convert the case from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706(b).
Ruling: 
Individual debtor lacked standing to file motions on behalf of debtor entities.
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Commercial case opionion summary, case decided on January 15,2010, LexisNexis #0210-136

In re Appleridge Ret. Cmty. Inc.

Movant creditor sought relief from the automatic stay under 11 U.S.C.S. § 362(d). The issues were whether the property is necessary to an effective reorganization under 11 U.S.C.S. § 362(a)(2)(B), and whether the debtor's plan was patently unconfirmable, because it improperly classified the PILOT creditor class as a separate class, and no other plan could be confirmed without the consent of the moving creditor.
Ruling: 
Relief from stay granted due to lack of equity in property which was not necessary to reorganization and improper PILOT classification.
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Commercial case opionion summary, case decided on January 12,2010, LexisNexis #0210-074

Gordon v. Kinney (In re Gallagher)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of a diamond ring from a bankruptcy debtor, seeking turnover of the ring or the value of the ring as property of the debtor's bankruptcy estate pursuant to 11 U.S.C.S. § 542(a).
Ruling: 
Return of diamond ring by debtor at conclusion of relationship was not shown to be an avoidable fraudulent transfer.
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Consumer case opionion summary, case decided on September 30,2009, LexisNexis #1009-125

In re Webster Hospitality Dev. LLC

Three creditors filed a second involuntary petition against a limited liability company (LLC), and the LLC filed a motion to dismiss the petition pursuant to 11 U.S.C.S. §§ 303 and 305. The court held a hearing on the LLC's motion.
Ruling: 
Involuntary petition dismissed where state court proceeding would properly address best interest of creditors and members of debtor LLC.
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Commercial case opionion summary, case decided on August 27,2009, LexisNexis #0909-111

In re Cram

Trustee filed a motion to convert debtors' chapter 13 case, pursuant to 11 U.S.C.S. § 1307(c). based on debtor's alleged bad faith in not turning over the proceeds of a settlement (conversion motion), as required by a modification order. The trustee also moved to compel debtors to turn over the gross proceeds of the settlement (turnover motion). Debtors' claimed that their case should be dismissed pursuant to § 1307(b).
Ruling: 
Revocation of discharge and modification order granted after discovery of undisclosed settlement proceeds vacated and motion for turnover and conversion denied.
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Consumer case opionion summary, case decided on June 03,2009, LexisNexis #0709-139

Arnold v. Bank of N.Y. Trust Co. (In re Badagliacca)

In an adversary proceeding filed against various claimants, including putative mortgagees, to avoid a refinanced first mortgage pursuant to 11 U.S.C.S. § 544(a)(3), trustee filed a motion for summary judgment on the avoidance claim. He also sought summary judgment against the two purported mortgagees who had failed to answer.
Ruling: 
Refinanced first mortgage in which debtor's name was misspelled was avoidable.
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Consumer case opionion summary, case decided on February 23,2009, LexisNexis #0409-053

Bank of Castille v. Kjoller (In re Kjoller)

Plaintiff bank filed an adversary proceeding against defendant debtor requesting that the court determine that the debt due to the bank on its business loan was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). Debtor filed a motion to dismiss the dischargeability proceeding. Subsequently, without permission of the court or consent of debtor, the bank filed an amended complaint, which added a second cause of action pursuant to § 523(a)(6).
Ruling: 
Claims relating to debtor's embezzlement and larceny were nondischargeable.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-015

In re Latimer

The debtors filed a chapter 13 plan which proposed to bifurcate their mortgage into an allowed secured claim and an unsecured claim. In furtherance of the plan, the debtors filed a motion, pursuant to 11 U.S.C.S. § 506(a)(1), for the court to determine the secured status of the mortgage. The creditor opposed the motion.
Ruling: 
Undersecured mortgage claim could be bifurcated.
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Consumer case opionion summary, case decided on October 27,2008, LexisNexis #1208-127

In re Wisotzke

Debtor filed a petition initiating a chapter 13 case. The schedules and statements and a chapter 13 plan filed by debtor indicated that he resided at a property which was titled to his deceased parents. Ontario County filed a motion which requested that the court determine that the property was not 11 U.S.C.S. § 541 property of the estate.
Ruling: 
Debtor's residence, titled in name of deceased parents on petition date and transferred to county pursuant to default judgment was not property of the estate.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #0908-051

In re Bentley

The chapter 13 trustee, following a meeting of creditors per 11 U.S.C.S. § 341, objected to debtor's proposed plan on the ground that it did not meet the 11 U.S.C.S. § 1325(b)(1)(B) projected disposable income test (PDIT) due to the amendment, by the Internal Revenue Services (IRS), of its collection financial standards (CFS). Debtor contested the objection on the ground that the means test was to be applied on the date the petition was filed.
Ruling: 
IRS collection financial standards amendments effective after petition date did not affect valuation of debtor's plan.
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Consumer case opionion summary, case decided on May 16,2008, LexisNexis #0708-023

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