Judge Leonard

Angell v. Conner (In re Conner)

In a chapter 7 proceeding, this adversary proceeding was before the court on plaintiff trustee's request for the denial of discharge under 11 U.S.C.S. § 727.
Ruling: 
Non-disclosure of inherited property that debtor had been advised by attorney not to disclose was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on August 25,2009, LexisNexis #0909-140

In re Seahawk Props. LLC

Debtor filed for chapter 11 relief. Debtor had filed a previous chapter 11 petition which was dismissed on debtor's own motion. In the prior case, debtor had entered into a consent order with creditor pursuant to which debtor was required to make adequate protection payments to creditor. Debtor defaulted under the terms of the consent order. Creditor moved to dismiss the instant chapter 11 petition.
Ruling: 
Second chapter 11 case not filed in bad faith where voluntary dismissal in prior case was in anticipation of refinancing that did not materialize.
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Commercial case opionion summary, case decided on June 18,2009, LexisNexis #0809-018

United States v. Buck (In re Buck)

The United States moved for summary judgment on the issue of whether certain debts reflecting loans made to debtor by the Farm Service Agency (FSA) were nondischargeable under 11 U.S.C.S. § 523(a)(6). Both loans were secured by debtor's farm equipment, crops and proceeds thereof, and no dispositions of collateral was authorized.
Ruling: 
Claims by Farm Service Agency secured by tractor and crop proceeds were nondischargeable due to debtor's willful and malicious disposal of collateral.
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Consumer case opionion summary, case decided on May 20,2009, LexisNexis #0809-046

In re Smith

A creditor and the bankruptcy administrator objected to the debtors' motion for substantive consolidation of their chapter 11 cases.
Ruling: 
Consolidation of debtors' chapter 11 cases denied where debtors were distinct entities.
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Consumer case opionion summary, case decided on April 29,2009, LexisNexis #0709-037

In re Forbes Transp. LLC

The debtors filed motions to dismiss their chapter 11 bankruptcy cases. A secured creditor requested that the cases be converted to chapter 7, pursuant to 11 U.S.C.S. § 1112(b)(1).
Ruling: 
Case converted to chapter 7 rather than voluntarily dismissed due to debtor's transfer of cash collateral to principal in violation of court order.
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Commercial case opionion summary, case decided on April 02,2009, LexisNexis #0609-063

Easthaven Marina Group LLC v. B&M Holdings LLC (In re Easthaven Marina Group LLC)

Debtor filed an action against a property seller alleging that the obligation asserted by the seller in its claim was invalid and unenforceable because of a faulty deed of trust. The debtor filed a motion for summary judgment.
Ruling: 
Faulty deed of trust gave rise to secured claim on theory of estoppel due to debtor's conduct.
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Commercial case opionion summary, case decided on March 13,2009, LexisNexis #0509-112

In re Mozingo

The chapter 13 trustee objected to a creditor's claim in a debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 502(b)(9) and Fed. R. Bankr. P. 3002(c).
Ruling: 
Untimely claim disallowed despite lack of notice due to credit card assignee creditor's failure to notify debtor of assignment.
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Consumer case opionion summary, case decided on March 10,2009, LexisNexis #0509-010

In re Eagle Creek Subdivision LLC

In consolidated cases, the debtors filed for relief under chapter 11. The committee of holders of junior deeds of trusts and owners of tenancy-in-common interests (the Committee) filed a motion for appointment of a trustee, pursuant to 11 U.S.C.S. § 1104.
Ruling: 
Chapter 11 trustee appointed due to dishonesty of managing LLC.
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Commercial case opionion summary, case decided on March 09,2009, LexisNexis #0509-052

In re Easthaven Marina Group LLC

The debtor filed for chapter 11 bankruptcy protection. The debtor's schedules provided for a contingent and disputed unsecured claim in favor of a holding company. The schedules included two additional unsecured creditors. The holding company moved to dismiss the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b)(1). The court held a hearing on the motion.
Ruling: 
Motion to dismiss denied where totality of circumstances demonstrated debtor had filed in bad faith.
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Commercial case opionion summary, case decided on February 25,2009, LexisNexis #0409-057

In re Heights Subdivision LLC

A debtor filed a motion to assume an executory contract with a developer, pursuant to 11 U.S.C.S. § 365.
Ruling: 
Debtor that owned subdivision could not assume contract with developer that it had breached.
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Commercial case opionion summary, case decided on February 12,2009, LexisNexis #0409-114

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