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In re Davis

Ruling
Debtor's debts held to be primarily consumer debts, including mortgage on alleged "spec" house.
Issue(s)
Was debtor's mortgage debt on home allegedly constructed as a "spec house" a consumer debt that would cause debtor's overall debts to be primarily consumer debts?

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Consumer opinion summary, case decided on January 20, 2015 , LexisNexis #0215-095

In re Davis

Ruling
Debtor's debts held to be primarily consumer debts, including mortgage on alleged "spec" house.
Issue(s)
Was debtor's mortgage debt on home allegedly constructed as a "spec house" a consumer debt that would cause debtor's overall debts to be primarily consumer debts?

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Consumer opinion summary, case decided on January 20, 2015 , LexisNexis #0215-095

In re Hutch Holdings Inc.

Ruling
Relief from stay denied as to real estate that was necessary to debtor's effective reorganization.
Issue(s)
Was real estate "necessary to an effective reorganization" or could relief from stay be granted to allow secured creditor to proceed against it?

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Commercial opinion summary, case decided on December 30, 2014 , LexisNexis #0115-075

In re Taylor

Ruling
Exemption allowed to the extent covered by expanded statute of limitations.
Issue(s)
Was debtor entitled to modify plan to claim an exemption in life insurance proceeds?

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Consumer opinion summary, case decided on December 18, 2014 , LexisNexis #0115-066

In re Terry

Ruling
Creditor city lacked standing to object to stipulation between debtor and successful bidder at tax sale.
Issue(s)
Did city have standing to object to a settlement between the debtor and the successful bidder at a tax sale?

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Consumer opinion summary, case decided on October 17, 2014 , LexisNexis #1114-052

In re Grasso

Ruling
Unsecured creditor was eligible for attorneys' fees incurred in seeking appointment of chapter 11 trustee and seeking conversion.
Issue(s)
Was unsecured creditor entitled to an administrative expense claim for fees and costs incurred in both seeking appointment of a chapter 11 trustee and conversion on the basis of having made a substantial contribution to administration?

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Consumer opinion summary, case decided on October 10, 2014 , LexisNexis #1114-011

In re Guyton

Ruling
Relief from stay denied where mobile home was necessary to effective reorganization.
Issue(s)
Was creditor entitled to relief from stay to proceed against debtor's mobile home?

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Consumer opinion summary, case decided on September 25, 2014 , LexisNexis #1014-080

In re Wetdog LLC

Ruling
Chapter 11 plan confirmed where treatment of objecting creditor's claim complied with fair and equitable treatment requirement.
Issue(s)
Should confirmation of chapter 11 plan be denied due to creditor's objection based on feasibility and the absolute priority rule?

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Commercial opinion summary, case decided on September 05, 2014 , LexisNexis #1014-063

In re Sterling Bluff Investors LLC

Ruling
Single asset real estate case dismissed for bad faith and for cause due to substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation.
Issue(s)
Was debtor a single asset real estate debtor and should its case be dismissed for bad faith?

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Commercial opinion summary, case decided on August 22, 2014 , LexisNexis #0914-100

Bruch v. Hall (In re Hall)

Ruling
Relief from stay granted to allow civil action against debtor to proceed but barring enforcement beyond policy limits until resolution of relevant adversary proceeding.
Issue(s)
Whether creditors were entitled to relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d)(1) to pursue a state court civil action against the debtor wife.

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Consumer opinion summary, case decided on August 19, 2014 , LexisNexis #0914-078