Judge Roth

In re Montgomery Ward LLC

Appellant plan administrator objected to claims filed by appellee creditor in a debtor's Chapter 11 proceeding. The bankruptcy court entered summary judgment for the creditor on the administrator's challenge to the nature of a lease and granted summary judgment for the administrator as to mortgage and common area maintenance (CAM) claims. The United States District Court for the District of Delaware affirmed. The parties appealed.
Ruling: 
Res judicata did not bar plan administration in debtor's second chapter 11 case from challenging the nature of debtor's lease with creditor that was assumed in the first case.
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Commercial case opionion summary, case decided on March 09,2011, LexisNexis #0311-139

Tidewater Fin. Co. v. Keney

Appellant creditor appealed from an order of the Bankruptcy Court for the Eastern District of Virginia, confirming appellee debtor's chapter 13 bankruptcy plan. The bankruptcy court concluded that the hanging paragraph in 11 U.S.C.S. § 1325(a) prevented a 910 creditor from bifurcating her claim and asserting an unsecured deficiency claim for any portion of the debt not covered by the sale of the vehicle.
Ruling: 
"910" creditor entitled to deficiency claim under state law after surrender of debtor's vehicle.
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Consumer case opionion summary, case decided on June 25,2008, LexisNexis #0708-091
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