Judge Humrickhouse

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

In re Clayton Profl Ctr. LLC

This matter came before the court on a motion by a creditor to dismiss debtor's chapter 11 case pursuant to 11 U.S.C.S. § 1112.
Ruling: 
Chapter 11 case dismissed, rather than converted to chapter 7, as providing stronger opportunity for property management and maximizing estate's value.
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Commercial case opionion summary, case decided on June 13,2012, LexisNexis #0712-032

In re TP Inc.

The chapter 11 trustee sought to modify, amend, or set aside a consent order entered for the benefit of creditor mortgagee, pursuant Fed. R. Civ. P. 60(b)(1), (2), (3), and (6), made applicable to bankruptcy cases by Fed. R. Bankr. P. 9024. The consent order modified the automatic stay to allow the creditor to proceed with foreclosure on certain of the debtor's properties.
Ruling: 
Consent order allowing company to foreclose set aside to prevent irreparable harm to estate.
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Commercial case opionion summary, case decided on June 12,2012, LexisNexis #0712-034

In re Croatan Surf Club LLC

Chapter 11 debtor and a junior lender filed objections to a proof of claim filed by the senior lender. The senior lender filed a motion pursuant to 11 U.S.C.S. § 506(b) for post- petition interest on its secured claim, as well as attorney's fees if not allowed as asserted in its proof of claim. The senior lender also filed a motion for a superpriority administrative expense claim pursuant to 11 U.S.C.S. § 507(b).
Ruling: 
Postpetition interest and attorneys' fees disallowed in proof of claim but allowed in part on creditor's motion.
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Commercial case opionion summary, case decided on May 25,2012, LexisNexis #0612-085

Sparkman v. American Residential Servs. LLC (In re Anderson Homes Inc.)

Defendant filed a motion for summary judgment in plaintiff chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C.S. § 547 a preferential transfer made by the debtor to defendant. The trustee filed a cross-motion for partial summary judgment.
Ruling: 
Payments to contractor during preference period could be avoided regardless of hypothetical lien rights had payment not been made.
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Commercial case opionion summary, case decided on May 25,2012, LexisNexis #0612-095

In re Gilman

Debtors filed a joint petition under chapter 7 of the Bankruptcy Code, and a bankruptcy administrator filed a motion for an order under 11 U.S.C.S. § 707(a), (b)(1), and (b)(3) that dismissed the debtors' case. The court held a hearing on the motion.
Ruling: 
Case ordered converted or dismissed for cause due to debtors' failure to attempt to reduce expenses and singling out judgment creditor for nonpayment.
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Consumer case opionion summary, case decided on April 12,2012, LexisNexis #0512-025

Poston v. Toomey (In re Toomey)

Creditors sought a determination that the obligation owed to them by chapter 7 debtors was nondischargeable under 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(6).
Ruling: 
Debt owed to buyers of debtor's property was dischargeable absent evidence of fraud or intent to harm creditor.
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Consumer case opionion summary, case decided on March 05,2012, LexisNexis #0312-123

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