Eastern District

In re Johnson

A chapter 13 debtor and the trustee proposed to bifurcate and cramdown a creditor's claim. The creditor objected to the plan and to the valuation of collateral. Subsequently, it filed a proof of claim asserting that it held a secured claim. The debtor objected, and the creditor asserted that pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), its claim could not be crammed down under 11 U.S.C.S. § 506.
Ruling: 
Hanging paragraph prevented debtor from bifurcating claim secured by purchase money security interest in log feller buncher.
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Consumer case opionion summary, case decided on April 07,2009, LexisNexis #0609-093

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

Den-Mark Props. LLC v. SunTrust Bank (In re Den-Mark Props. LLC)

Debtor sued holder of a second deed of trust on certain properties and trustee, seeking to invalidate the second deed of trust, a determination that their' claims were unsecured with respect to the properties, and to require amounts held in escrow resulting from the sale of certain properties to be paid to the debtor. The debtor moved for summary judgment.
Ruling: 
Improperly recorded second deed of trust could be avoided.
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Commercial case opionion summary, case decided on March 27,2009, LexisNexis #0609-058

In re Hoff

The debtors brought a motion to excuse the requirement, under 11 U.S.C.S. § 521(a)(1)(B), of filing a Schedule I, and for setting an alternative date for determining current monthly income under 11 U.S.C.S. § 101(10A)(A)(ii). A creditor objected to excusing the required filing of Schedule I.
Ruling: 
Filing of Schedule I excused to allow court to set current monthly income of debtors with recent involuntary decrease in income.
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Consumer case opionion summary, case decided on March 23,2009, LexisNexis #0509-114

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

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

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 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 RADCO Props. Inc.

A debtor sought confirmation of an amended chapter 11 plan of reorganization and approval of a second amended disclosure statement.
Ruling: 
Confirmation denied due to improper attempt to set time limit for substantial consummation based solely on distribution.
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Commercial case opionion summary, case decided on March 09,2009, LexisNexis #0509-051

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

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