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Judge Humrickhouse

In re Brier Creek Corporate Ctr. Assocs. LP

Lender, a party to an adversary proceeding in a chapter 11 case, sought to compel arbitration of disputes between lender and a group of defendants (Nondebtors) including current or former officers of the company, an affiliate of debtors and its co-plaintiff in prepetition litigation brought against Lender. Debtors then moved to extend the 11 U.S.C.S. § 362 stay to nondebtors or for injunctive relief per 11 U.S.C.S. § 105 to stay the arbitration.
Ruling: 
Arbitration stayed pending hearing on confirmation.
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Commercial case opionion summary, case decided on January 14,2013, LexisNexis #0213-001

In re Baker

A chapter 13 debtor filed an objection to a creditor's claim, asserting that it was not a domestic support obligation entitled to first priority status under 11 U.S.C.S. § 507(a)(1)(A). The creditor, his ex-wife, objected to confirmation of the debtor's plan.
Ruling: 
Portion of debtor's home equity loan obligation to former spouse owed pursuant to divorce and due prior to petition date was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0113-013

In re Sappah

The chapter 13 trustee sought to dismiss the case of respondent debtors on the ground that they were ineligible to be chapter 13 debtors pursuant to 11 U.S.C.S. § 109(e).
Ruling: 
Chapter 13 case ordered converted or dismissed due to debt in excess of limits.
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Consumer case opionion summary, case decided on December 11,2012, LexisNexis #0113-001

In re Young

The chapter 13 debtor filed a motion to value her residence and to determine the status of a lien held by a homeowner's association (HOA). She contended that the lien should be deemed unsecured pursuant to 11 U.S.C.S. § 506.
Ruling: 
Homeowners' association's fully unsecured lien could be stripped off.
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Consumer case opionion summary, case decided on November 07,2012, LexisNexis #1112-116

In re Wallace

During consideration of a bankruptcy trustee's objection to confirmation of a bankruptcy debtor's plan, the trustee raised an issue concerning whether the debtor's adult child had the authority to commence the bankruptcy case on behalf of the debtor pursuant to a power of attorney.
Ruling: 
Debtor's adult child could file petition on behalf of debtor pursuant to power of attorney.
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Consumer case opionion summary, case decided on October 24,2012, LexisNexis #1112-037

In re Sea Trail Corp.

Chapter 11 debtor, the owner of a golf resort facility, submitted its first amended plan of reorganization for a hearing on confirmation. Objections to confirmation were filed by the bankruptcy administrator and the unsecured creditor's committee, challenging the plan's compliance absolute priority rule set forth in 11 U.S.C.S. § 1129(b)(2)(B), and the treatment of the unsecured classes, respectively.
Ruling: 
Plan featuring separate classification of classes of unsecured creditors with different, contradictory interests, could be confirmed.
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Commercial case opionion summary, case decided on October 23,2012, LexisNexis #1112-061

In re Christians

Movant bankruptcy administrator (BA) asked the court to dismiss debtor's chapter 7 case for abuse pursuant to 11 U.S.C.S. § 707(b)(3). At issue was whether debtor had the ability to pay a sizable dividend to creditors and whether the "totality of the circumstances" of debtor's finances demonstrated abuse.
Ruling: 
Case ordered converted or dismissed based on totality of circumstances.
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Consumer case opionion summary, case decided on October 10,2012, LexisNexis #1112-025

In re Sawrtville LLC

A creditor objected to the confirmation of a chapter 11 plan on the ground that the debtor could not produce at least one accepting impaired class in satisfaction of 11 U.S.C.S. § 1129(a)(10) and thus could not proceed to cramdown.
Ruling: 
Confirmation denied where impairment to general unsecured claims was indicative of bad faith.
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Commercial case opionion summary, case decided on August 17,2012, LexisNexis #0912-063

In re Dal-Jones Invs. LLC

A chapter 11 debtor filed a motion to rescind the small business designation that he filed pursuant to Fed. R. Bankr. P. 1020(a) on the grounds that the debtor was not, in fact, a small business debtor as defined in 11 U.S.C.S. § 101(51D)(A).
Ruling: 
Motion to rescind small business designation granted as made in good faith and pursuant to compliance with relevant deadlines through proper continuances.
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Commercial case opionion summary, case decided on July 09,2012, LexisNexis #0912-026

In re Abbott

Debtor filed a motion for turnover of property, pursuant to 11 U.S.C.S. § 542(a), seeking the return of his federal tax refund, which had been intercepted pre-petition by the United States Department of Treasury.
Ruling: 
Turnover of tax refund that was intercepted to cover excess food assistance payments denied.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-124

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