Judge Small

Edwards v. Vanderbilt Mortg. & Fin. Inc. (In re Edwards)

Ruling: 
Arbitration of core claim that would not be resolved through claims allowance process ordered to proceed.
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Consumer case opionion summary, case decided on October 21,2013, LexisNexis #1113-068

In re WM Six Forks LLC

Ruling: 
Credit bid was a disbursement properly included in calculation of U.S. Trustee's quarterly fee.
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Commercial case opionion summary, case decided on September 23,2013, LexisNexis #1013-065

In re Mitchell

Ruling: 
Debtor's attorneys denied administrative expense claim due to disqualifying conflict of interest not disclosed at time of employment.
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Consumer case opionion summary, case decided on September 20,2013, LexisNexis #1013-006

Hutson v. United States Dept of the Army (In re Natural Gas Distribs. Inc.)

Plaintiff chapter 11 trustee filed an adversary proceeding against defendant United States of America, Department of the Army, seeking a determination that contracts which a chapter 11 debtor, a natural gas distributor, concluded with the Army were fraudulent transfers and preferential transfers that could be avoided under 11 U.S.C.S. §§ 548(a)(1)(A) and (B), 547(b), and 550(a)(1). The parties filed cross-motions for summary judgment.
Ruling: 
Transfers to Army by debtor natural gas distributor, except for spot purchases, were made pursuant to "swap agreements" and not subject to avoidance.
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Commercial case opionion summary, case decided on August 25,2009, LexisNexis #1209-130

Hutson v. M.J. Soffe Co. (In re National Gas Distribs. LLC)

Plaintiff chapter 11 trustee filed an adversary proceeding against an defendant LLC, seeking a determination that contracts debtor a natural gas distributor concluded with the LLC were fraudulent transfers and preferential transfers that could be avoided under 11 U.S.C.S. §§ 548(a)(1)(A) and (B), 547(b), and 550(a)(1). The LLC filed a motion for summary judgment.
Ruling: 
Agreements between LLC and debtor for purchase of natural gas were not "swap agreements" and were avoidable.
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Commercial case opionion summary, case decided on August 25,2009, LexisNexis #0909-106

In re Harris

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The chapter 13 trustee filed a motion to dismiss the debtors'case, claiming that the debtors'plan could not be confirmed because they had not applied all their projected disposable income to repaying their unsecured creditors and had not proposed their plan in good faith.
Ruling: 
Debtor could claim deduction for vehicles owned free and clear.
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Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0709-022

In re Stallings

Debtors filed a petition under chapter 13 and a plan for repaying their creditors. The chapter 13 trustee filed a motion to dismiss the debtors' case, claiming that the debtors did not file their plan in good faith because they claimed monthly expenses on four vehicles which they were not entitled to take.
Ruling: 
Debtor properly claimed deductions in four vehicles which were not grounds for bad faith dismissal.
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Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0709-057

In re Siegel

The debtor filed an objection to the $ 50,000 priority claim filed by his former spouse. The issue before the court was whether the claim was for a domestic support obligation as defined in 11 U.S.C.S. § 101(14A), and as such was a priority claim that, pursuant to 11 U.S.C.S. § 1322(a)(2) and § 1325(a)(1), had to be paid in full through the debtor's chapter 13 plan.
Ruling: 
Debt that was part of debtor's property settlement with former spouse was not a domestic support obligation and was a general unsecured claim.
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Consumer case opionion summary, case decided on March 13,2009, LexisNexis #0509-001

Apropos Holdings LLC v. Faal (In re Faal)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The creditor contended that the debtor caused significant damage to its premises both during installation and removal of refrigeration equipment. The creditor also contended that it appeared that the debtor caused damage by hitting a floor and office wall with a sledgehammer.
Ruling: 
Claim for damage to leased premises due to installation and removal of refrigeration equipment was not willful or malicious and was dischargeable.
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Consumer case opionion summary, case decided on March 13,2009, LexisNexis #0509-015

In re Parker

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A bankruptcy administrator filed a motion to dismiss the claim for abuse, pursuant to 11 U.S.C.S. § 707(a) or (b), and filed a motion to extend the time to object to a discharge.
Ruling: 
Totality of circumstances did not require dismissal of case for abuse where debtor's scheduled expenses were reasonable and there was no evidence of excessive spending.
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Consumer case opionion summary, case decided on February 03,2009, LexisNexis #0309-084

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