Judge Warren

Sparkman v. Skubic (In re Skubic)

Ruling: 
Summary judgment in proceeding for denial of discharge denied due to failure to establish intent to hinder, delay or defraud.
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Consumer case opionion summary, case decided on August 01,2014, LexisNexis #0914-059

Ashley v. University of Ala. Health Servs. Found. PC (In re Ashley)

This adversary proceeding alleging violation of the discharge injunction, 11 U.S.C.S. § 524(a)(2), came before the court for a hearing to prove damages following entry of a Default Judgment in favor of plaintiff debtor and against defendant creditor.
Ruling: 
Actual and punitive damages awarded where creditor sought to collect debt in total and complete disregard for discharge injunction.
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Consumer case opionion summary, case decided on September 06,2012, LexisNexis #1012-021

In re LJH Enters.

A creditor of chapter 11 debtor filed a motion to dismiss the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Single asset real estate debtor's case dismissed where aim of proposed plan was found not to be in good faith.
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Commercial case opionion summary, case decided on February 11,2011, LexisNexis #0311-092

In re MD Promenade Inc.

A landlord sued the chapter 11 debtor, the debtors' principals, and a secured creditor, seeking damages pursuant to 11 U.S.C.S. § 362(k) for willful violation of the automatic stay. The landlord asserted that the debtor, principals, and creditor had removed property from the leased restaurant premises.
Ruling: 
Debtor and secured creditor sanctioned for removing estate property from leased premises.
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Commercial case opionion summary, case decided on January 08,2009, LexisNexis #0209-071

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