Judge Leonard

In re Fieldstone Mortg. Co.

A chapter 11 debtor filed a motion to authorize payments pursuant to a key employment retention plan (KERP) to seven employees. In an earlier opinion, the court granted the motion. On remand from the United States District Court for the District of Maryland following a reversal, the issue was whether any of the seven employees were able to satisfy the limitations set forth in 11 U.S.C.S. § 503(c)(1) in order to receive payments under the KERP.
Ruling: 
Breach of contract claim was within core jurisdiction over allowance and disallowance of claims.
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Commercial case opionion summary, case decided on February 25,2010, LexisNexis #0510-132

In re Owens

This matter came before the court on debtor's objection to the claim of the Internal Revenue Service (IRS).
Ruling: 
Late IRS proof of claim filed post-plan completion and prior to discharge disallowed.
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Consumer case opionion summary, case decided on February 25,2010, LexisNexis #0510-140

In re Moore

Debtors' chapter 13 case came before the court on a creditor's motion for relief from the 11 U.S.C.S. 362 automatic stay. The creditor asserted that he was owed $ 180,000 on a promissory note.
Ruling: 
Creditor landlord entitled to administrative expense claim for lease payments not paid into confirmed plan.
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Consumer case opionion summary, case decided on January 12,2010, LexisNexis #0310-139

Fulcher v. Cooper (In re Cooper)

Plaintiff creditors filed a complaint against defendant chapter 7 debtors to deny dischargeability of a debt on the grounds that the debtors obtained property from them by fraudulent means in violation of 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debtors' misrepresentations regarding sufficiency of funds to cover check were intentional and grounds for nondischargeability.
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Consumer case opionion summary, case decided on December 03,2009, LexisNexis #0110-052

In re Highway 751 Partners LLC

Before the court was the motion filed by a bank (deed of trust holder) for a determination that real property was not property of debtor's estate, and alternative motion for relief from the automatic stay.
Ruling: 
Real property remained property of the estate where debtor filed petition before state court set new parameters of sale.
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Commercial case opionion summary, case decided on December 03,2009, LexisNexis #0110-086

Anderson Homes Inc. v. Stock Bldg. Supply Inc. (In re Anderson Homes Inc.)

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant creditor seeking to avoid certain transfers and obligations, and the proceeding was stayed by the creditor's initiation of bankruptcy proceedings in another forum. After confirmation of the creditor's reorganization plan, the creditor moved to dismiss the debtors' avoidance actions on the ground that they were discharged in the creditor's bankruptcy.
Ruling: 
Claims in avoidance proceeding against creditor were not discharged in creditor's bankruptcy.
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Commercial case opionion summary, case decided on November 19,2009, LexisNexis #1209-123

Harden v. Nemchak (In re Wingen)

Debtor filed a voluntary petition in bankruptcy under chapter 7. Plaintiff, Trustee of the debtor's bankruptcy estate, filed an adversary proceeding under 11 U.S.C.S. § 548 seeking to avoid and recover the debtor's transfer of a one-half interest in a beach house to defendant, his wife. The Trustee filed a motion for summary judgment on this adversary proceeding.
Ruling: 
Transfer of beach home to debtor's wife for less than 60 percent of value was avoidable.
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Consumer case opionion summary, case decided on October 16,2009, LexisNexis #1209-053

In re Shearin Family Invs. LLC

A bankruptcy debtor which was developing a condominium project moved to extend the automatic bankruptcy stay to stay lawsuits against the debtor's principal.
Ruling: 
Extension of stay granted to stay lawsuits against principal of debtor that was developing a condominium project.
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Commercial case opionion summary, case decided on September 23,2009, LexisNexis #1109-039

In re Moore-Brown

The debtor brought a motion to avoid the judgment lien of creditor city, on the ground that it impaired either her tenancy by the entirety exemption or her homestead exemption in her residence.
Ruling: 
Lien avoided as impairing state homestead exemption.
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Consumer case opionion summary, case decided on September 01,2009, LexisNexis #1009-010

In re Figured

Debtor filed a petition for relief under chapter 13, and trustees of a foundation that held a lien on real property and inventory that belonged to a business the debtor owned filed a motion to determine the inapplicability of the automatic stay, to compel the debtor to provide an accounting and segregate cash collateral, and for an order requiring the debtor to show cause why he should not be held in contempt.
Ruling: 
Stay in debtor's second case did not operate to prevent completion of foreclosure sale that was commenced pursuant to relief from stay in the first case.
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Consumer case opionion summary, case decided on August 31,2009, LexisNexis #1009-005

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