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Council of Unit Owners of the 100 Harborview Drive Condo., In re

Ruling
Plan confirmation denied where broad releases of nondebtors would restrict unit owners' access to condominum courts. (Bankr. D. Md.)
Issue(s)
Confirmation of Plan; Requirements; Plan Compliance with Title 11.

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Commercial opinion summary, case decided on June 09, 2017 , LexisNexis #0717-053

In re Buckley

Ruling
Claim of exemption of real property allowed as the exemption survived the death of debtor'snon-filing cotenant spouse. (Bankr. D. Md.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.

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Consumer opinion summary, case decided on December 29, 2016 , LexisNexis #0217-006

In re Alder

Ruling
Creditor’s action for breach of prepetition guaranty violated the discharge injunction. (Bankr.D. Md.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on October 13, 2016 , LexisNexis #1116-051

Guzik v. Ford Motor Credit Co. LLC (In re Guzik)

Ruling
Garnishment lien that attached within 90 days of petition date was avoidable as preferential.
Issue(s)
Were funds garnished within 90 days of petition date subject to turnover as an avoidable preferential transfer?

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Consumer opinion summary, case decided on March 21, 2016 , LexisNexis #0416-059

Hessler v. Maryland (In re Hessler)

Ruling
Enforcement of state ordered restitution did not violate discharge injunction.
Issue(s)
Did state's enforcement of sanctions for debtor builder's illegal practices violate discharge injunction.

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Consumer opinion summary, case decided on September 30, 2013 , LexisNexis #1013-090

In re Panache Cuisine LLC

Ruling
Approval of settlement denied as terms were not properly noticed and disclosed and one party had repudiated term beneficial to estate.
Issue(s)
Should bankruptcy court approve settlement where terms were not properly noticed or disclosed and one party had repudiated one of the terms .

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Commercial opinion summary, case decided on September 23, 2013 , LexisNexis #1013-070

Dipasquale v. Cramer (In re Cramer)

Ruling
Settlement of claim based on debtor's admittedly false representations was nondischargeable.
Procedural posture

Plaintiff creditors filed an adversary proceeding against defendant debtor, asserting that his debt was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and seeking attorneys' fees and other costs. Third party defendant was the creditors' daughter, debtor's former wife. The matter was before the court for a consent order.

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Consumer opinion summary, case decided on July 16, 2012 , LexisNexis #0812-049

Smith v. Frock (In re Frock)

Ruling
State court judgment based on fiduciary defalcation was nondischargeable.
Procedural posture

Plaintiff creditors filed complaints against defendant Chapter 7 debtors seeking to have a Florida judgment declared to be nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), and/or (a)(6).

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Consumer opinion summary, case decided on April 14, 2011 , LexisNexis #0511-055

In re Fieldstone Mortg. Co.

Ruling
Software licensor not entitled to administrative expense claim for breach of contract where debtor rejected contract signed by its parent.
Procedural posture

In this chapter 11 case, the debtor rejected an executory software licensing and servicing agreement prior to plan confirmation. The software licensor filed an administrative claim, to which the plan trustee objected.

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Commercial opinion summary, case decided on March 22, 2010 , LexisNexis #0710-010

Guttman v. Fabian (In re Fabian)

Ruling
Debt based on debtor's fraud conviction held nondischargeable in proceeding brought by trustee.
Procedural posture

The trustee of a corporation that was in chapter 11 bankruptcy, filed an adversary proceeding against defendant, a chapter 7 debtor who had been the corporation's controlling party, seeking a judgment that the debtor owed the corporation a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor filed a motion to dismiss or, in the alternative, for summary judgment.

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Consumer opinion summary, case decided on March 22, 2010 , LexisNexis #0610-090