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In re Jackson

Ruling
Motion to dismiss above-median debtors' case for abuse denied where debtors properly calculated current monthly income and expenses.
Issue(s)
Should chapter 7 case be dismissed for abuse based on alleged impropriety of debtors' means test deductions?

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Consumer opinion summary, case decided on September 10, 2015 , LexisNexis #1015-016

In re Constr. Supervision Servs.

Ruling
Oversecured creditor's claim for post-petition interest and/or attorneys' fees allowed but not granted superpriority status.
Issue(s)
Was oversecured creditor's claim for postpetition interest and/or attorneys' fees be allowed as an administrative expense claim?

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Commercial opinion summary, case decided on August 13, 2015 , LexisNexis #0915-013

Janvier v. Sledge (In re Sledge)

Ruling
Motion to reopen denial of discharge proceeding denied as not brought within a reasonable time.
Issue(s)
Should debtor's motion to reopen be denied as untimely?

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Consumer opinion summary, case decided on June 19, 2015 , LexisNexis #0715-040

Creech v. Ormond Oil & Gas Co. (In re Creech)

Ruling
Deed of trust could be avoided as preferential.
Issue(s)
Was deed of trust avoidable as a preferential transfer?

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Consumer opinion summary, case decided on May 28, 2015 , LexisNexis #0615-128

Parker v. Parker (In re Parker)

Ruling
Denial of discharge denied where debtors acted logically and without bad faith in preparing for bankruptcy administrator's visit and in preparing and amending schedules.
Issue(s)
Should debtors' discharge be denied due to alleged false oaths and misrepresentations regarding property owned?

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Consumer opinion summary, case decided on May 22, 2015 , LexisNexis #0615-095

Waggett v. Select Portfolio Servicing Inc. (In re Waggett)

Ruling
Discharged debtor's claim against creditor under state debt collection act was not preempted by § 524.
Issue(s)
Were debtors' state law claims against creditor for its alleged postdischarge collection efforts preempted by § 524 of the Bankruptcy Code?

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Consumer opinion summary, case decided on March 17, 2015 , LexisNexis #0415-017

In re Cromwell

Ruling
Case ordered converted or dismissed for abuse where debtors had more income than listed on schedules and unreasonable expenses.
Issue(s)
Should case of debtor with primarily consumer debts be dismissed for abuse?

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Consumer opinion summary, case decided on March 09, 2015 , LexisNexis #0515-127

In re Bate Land & Timber LLC

Ruling
Plan confirmation required further hearing but fully secured creditor was not entitled to relief from stay.
Issue(s)
Could debtor's chapter 11 plan be confirmed and was secured creditor entitled to relief from stay?

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Commercial opinion summary, case decided on January 15, 2015 , LexisNexis #0215-059

Angell v. Mansour (In re Britt Motorsports LLC)

Ruling
Transferees were not entitled to jury trial in avoidance proceeding.
Issue(s)
Whether transferees have a right to a jury trial of a proceeding to avoid postpetition transfers?

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Commercial opinion summary, case decided on November 20, 2014 , LexisNexis #1214-098

In re Parker

Ruling
Creditor's claim for default rate of interest disallowed as inequitable.
Issue(s)
Could claim including interest at default rate be allowed?

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Consumer opinion summary, case decided on November 19, 2014 , LexisNexis #1214-080