Eastern District

In re Calderon

Debtors filed a petition for relief under chapter 7 of the Bankruptcy Code. The Internal Revenue Service (IRS) and the Michigan Department of Revenue (Michigan DOR) filed tax liens. The debtors moved to avoid the liens of the IRS and the Michigan DOR. The IRS and the Michigan DOR did not oppose the motions. The debtors' attorney requested presumptive fees.
Ruling: 
Debtor could not avoid IRS or state tax liens.
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Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0610-010

In re TAAF LLC

The court previously entered an Order for Apprehension of Personal Representative of Debtors to Compel Attendance for Examination Under Fed. R. Bankr. P. 2005. Pursuant to that order, the United States Marshal was directed to apprehend and take custody of the corporate officer and/or managing member of three corporate debtors.
Ruling: 
Apprehension order for debtor's corporate officer granted due to willful failure to appear at examination.
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Commercial case opionion summary, case decided on March 12,2010, LexisNexis #0610-065

In re Daniels

The bankruptcy administrator filed a motion requesting that the attorney for debtors in five unrelated cases appear in court and show cause why he should not be required to disgorge all pre-petition and postpetition fees not previously applied for or disclosed to the court, and should not be sanctioned for failure to disclose the fees.
Ruling: 
Attorney ordered to disgorge fees never or improperly disclosed, often for useless or unperformed services.
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Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0610-002

In re Center 130 LLC

Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code and continued to operate as debtor-in-possession. Movant creditor moved for relief from the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Relief from stay denied to high bidder at prepetition foreclosure sale as property was necessary for effective reorganization.
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Commercial case opionion summary, case decided on March 11,2010, LexisNexis #0610-042

Myers v. Educational Credit Mgmt. (In re Myers)

Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code. The debtor brought an adversary proceeding against defendant creditor, seeking a discharge of his student loan obligations to the creditor under 11 U.S.C.S. § 523(a)(8). The creditor moved for summary judgment.
Ruling: 
Debtor who could maintain minimal standard of living denied undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-089

In re Moore

Prior to filing a bankruptcy petition, a bankruptcy debtor purchased a business from a creditor and executed a lease of business premises from the creditor, and the debtor assumed the lease under the debtor's confirmed plan. The creditor moved for payment of administrative expenses which consisted of both pre-petition and postpetition unpaid rent.
Ruling: 
Lessor in assumed lease entitled to administrative expense claim for postpetition unpaid rent.
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Consumer case opionion summary, case decided on March 03,2010, LexisNexis #0510-137

Seifart v. Rice (In re Rice)

Plaintiff judgment creditor moved to reopen defendant debtor's chapter 7 case, seeking to raise an objection to discharge under 11 U.S.C.S. § 523(a)(3)(B). The debtor moved for summary judgment.
Ruling: 
Creditor, who received notice of case through attorney of record could not reopen case to contest dischargeability of claim.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-138

In re Hamlin

A chapter 13 trustee filed a motion to confirm the debtors' plan. The debtors objected, contending that the IRS had filed an amended claim significantly reducing its priority claim, and that the plan payments should be reduced. At a hearing, the debtors indicated that due to a significant change in circumstances, including reduced income, they wished to dismiss their case pursuant to 11 U.S.C.S. § 1307(b). The trustee objected.
Ruling: 
Dismissal of chapter 13 case on motion of debtors granted absent motion to convert or allegations of fraud.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-129

In re Dowdy

In a debtor's chapter 11 case, movant judgment creditors filed a motion under Fed. R. Bankr. P. 3018 to withdraw their acceptance of the debtor's reorganization plan. The creditors' attorney moved to withdraw as counsel of record.
Ruling: 
Creditor's motion to withdraw acceptance of plan denied absent cause.
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Consumer case opionion summary, case decided on February 26,2010, LexisNexis #0510-134

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

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