Eastern District

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

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

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

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 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 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 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 KVS Fodsystems LLC

After a franchisor was not paid rent on two leased restaurant locations operated by a chapter 11 debtor, the franchisor filed state complaints for summary ejectment. The debtor filed a motion to determine the extent and applicability of the automatic stay under 11 U.S.C.S. § 362 or , in the alternative, a motion to extend the automatic stay under 11 U.S.C.S. § 105.
Ruling: 
Stay in bankruptcy of debtor LLC that operated restaurant franchise did not apply to ejectment action by franchisor against individual franchisee.
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Commercial case opionion summary, case decided on April 29,2009, LexisNexis #0709-004

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