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In re Hurtado

Ruling
Reconsideration of ruling that penalties for debtor's failure to pay workers' compensation premiums were dischargeable as not payable to a government unit denied.
Issue(s)
Should reconsideration be granted of the bankruptcy court's holding that debt for failure to pay mandatory workers' compensation premiums was dischargeable because the debt was not payable "for the benefit of a governmental unit?"

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Consumer opinion summary, case decided on January 29, 2015 , LexisNexis #0215-125

In re Christ Hosp.

Ruling
Limited liability company that purchased debtor's assets free and clear was entitled to injunction against Family and Medical Leave Act claim of debtor's former employees.
Issue(s)
Was employee's barred by sale of assets free and clear from pursuing claims under Family and Medical Leave Act, based on actions of debtor hospital, against purchaser limited liability company?

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Commercial opinion summary, case decided on May 21, 2014 , LexisNexis #0614-081

In re 710 Long Ridge Rd. Operating Co. II LLC

Ruling
Pre-reinstatement claims of debtor's employees' union and NLRB were entitled to administrative expense priority.
Issue(s)
Were claims filed against debtor employer by employees' union and National Labor Relations Board entitled to administrative expense status?

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Commercial opinion summary, case decided on February 06, 2014 , LexisNexis #0314-016

In re Wesley

Ruling
IRS was entitled to treat penalties that were set prior to petition date as secured.
Procedural posture

The Internal Revenue Service (IRS) filed a proof of claim asserting a secured claim based on tax liens against bankruptcy debtors' property for unpaid taxes, interest, and penalties. The debtors moved to reclassify the penalty portion of the claim of the IRS from secured to general unsecured.

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Consumer opinion summary, case decided on August 10, 2011 , LexisNexis #0911-008

In re Thams

Ruling
Trustee's lien rights in debtor's vehicle were superior to those of co-debtor who held no legal interest.
Procedural posture

Chapter 7 debtors contended that the female debtor was entitled to an equitable ownership interest in a vehicle titled solely in the male debtor's name. The trustee objected.

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Consumer opinion summary, case decided on March 10, 2011 , LexisNexis #0411-088

Saddle River Valley Bank v. Garsia (Unpublished)

Ruling
Creditor's adversary proceeding, misdelivered to state court before being delivered to bankruptcy court after deadline dismissed as untimely where no extension had been obtained.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a). The debtor moved to dismiss the complaint as untimely under Fed. R. Bankr. P. 4007(c).

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Consumer opinion summary, case decided on October 22, 2009 , LexisNexis #0110-029