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In re Derma Pen LLC

Ruling
Case filed solely to forestall costly trademark litigation on the eve of trial dismissed for bad faith.
Issue(s)
Should case be dismissed for bad faith as filed to delay trademark litigation?

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Commercial opinion summary, case decided on December 19, 2014 , LexisNexis #0115-064

Chorches v. United States Bank

Ruling
Fraudulent transfer claims dismissed due to expiration of statute of limitations.
Issue(s)
Should fraudulent conveyance proceeding be dismissed for being filed after the expiration of the statute of limitations?

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Consumer opinion summary, case decided on October 15, 2014 , LexisNexis #1114-048

United States v. State St. Bank & Trust Co.

Ruling
Government's recharacterization claim denied.
Issue(s)
Was the IRS entitled to have the bankruptcy court recharacterize or equitably subordinate certain secured notes issued in 1996 as part of a chapter 11 reorganization plan?

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Consumer opinion summary, case decided on October 15, 2014 , LexisNexis #1114-055

Konar v. New Century Trs Holdings Inc. (In re New Century Holdings Inc.)

Ruling
Unknown creditor's late-filed claim disallowed due to adequate notice.
Issue(s)
Did creditor lack notice of bar date so as to allow untimely proof of claim for willful and malicious injury.

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Commercial opinion summary, case decided on May 23, 2014 , LexisNexis #0614-105

In re New Century TRS Holdings Inc.

Ruling
Wrongful foreclosure claim filed four years after bar date disallowed.
Issue(s)
Should claim based on alleged wrongful foreclosure, filed four years after the bar date for claims, be disallowed.

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Commercial opinion summary, case decided on March 12, 2014 , LexisNexis #0414-034

Silva v. New Century TRS Holdings Inc. (In re New Century TRS Holdings Inc.)

Ruling
Late filed claim by "unknown creditor" disallowed.
Issue(s)
Should late filed proof of claim for debt not referenced in debtor's books or records be disallowed?

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Commercial opinion summary, case decided on March 07, 2014 , LexisNexis #0614-070

In re New Century TRS Holdings Inc.

Ruling
Borrower was an "unknown" creditor whose late proof of claim based on the Truth in Lending Act and Real Estate Settlement Procedures Act had to be denied absent excusable neglect.
Issue(s)
Should creditor borrower's late-filed proof of claim against debtor lender based on violations of the Truth-in-Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) be allowed due to alleged failure to receive notice of the bar date?

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Commercial opinion summary, case decided on March 04, 2014 , LexisNexis #0314-137

Carr v. JP Morgan Chase Bank N.A. (In re New Century TRS Holdings Inc.)

Ruling
Creditor lacked standing to bring postconfirmation claim for stay violation.
Issue(s)
Did pro se creditor have standing to bring a postconfirmation claim for stay violation?

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Commercial opinion summary, case decided on February 03, 2014 , LexisNexis #0214-136

In re Tribune Co.

Ruling
Motion to file late proof of claim denied due to lack of excusable neglect.
Issue(s)
Could proof of claim filed more than two years after bar date and one year and eight months after retaining counsel be allowed.

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Commercial opinion summary, case decided on November 08, 2013 , LexisNexis #1213-033

In re Tribune Co.

Ruling
Priority tax claim not filed by bar date disallowed.
Issue(s)
Should debtor's objection to county's priority tax claim filed after bar date be sustained .

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Commercial opinion summary, case decided on October 08, 2013 , LexisNexis #1013-112