Eastern District

In re Conner Corp.

An amount remained on deposit in the registry of a bankruptcy court which represented distributions which were not claimed by creditors of a bankruptcy debtor, and the debtor moved for return of the unclaimed funds pursuant to 11 U.S.C.S. §§ 347(b), 1143.
Ruling: 
Debtor not entitled to return of unclaimed funds where prior creditor classes had not been paid in full.
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Commercial case opionion summary, case decided on June 11,2008, LexisNexis #0808-030

In re Marino

The creditor, a law firm that represented a debtor in a highly contentious marital and equitable distribution proceeding, filed a motion to dismiss the debtor's chapter 7 petition under 11 U.S.C.S. § 707(a), alleging that the petition was not filed in good faith.
Ruling: 
Case filed to preclude arbitration and avoid legal fees related to equitable distribution proceeding dismissed for bad faith.
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Consumer case opionion summary, case decided on May 20,2008, LexisNexis #0708-011

In re Fiero

A creditor filed a motion to dismiss the chapter 7 case of a debtor pursuant to 11 U.S.C.S. § 707(a).
Ruling: 
Case dismissed due to debtor's ability to repay debts.
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Consumer case opionion summary, case decided on May 12,2008, LexisNexis #0708-012

In re Tippett

The chapter 13 trustee moved to dismiss debtor's chapter 13 petition, as did movant creditor, a former employee of debtor. The latter party alternatively sought relief from stay to allow her to pursue pending litigation against debtor that was set for trial two weeks after the petition was filed. At issue was whether the filing was in bad faith so that dismissal per 11 U.S.C.S. § 1307(c) was warranted.
Ruling: 
Suspicious timing of case seemingly filed with sole purpose of frustrating state court litigation denied for bad faith.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0608-054

In re Westcrowns Inc.

A chapter 7 trustee objected to a creditor's proof of claim for vacation pay as an 11 U.S.C.S. § 507(a) priority claim.
Ruling: 
Proof of claim for vacation pay by debtor's former president allowed over trustee's objections.
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Commercial case opionion summary, case decided on April 28,2008, LexisNexis #0608-135

In re Gunter

A mortgage company with a mortgage on property (mortgagee) asked the court to determine the status of property that debtor claimed to have bought from a vendor and whether it had been abandoned by the trustee. The mortgagee's motion also sought the status of a motion filed by a creditor who claimed to have a lien on the same property by reason of a judgment she recovered against the vendor and who had sought relief from stay to pursue that claim.
Ruling: 
Trustee's abandonment of property did not deprive bankruptcy court of jurisdiction over its disposition.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0608-015

In re Lanier

A chapter 7 trustee filed an objection to debtors' claim of a homestead exemption under 11 U.S.C.S. § 522(d)(1). The debtors listed a modular home and a lot, and the trustee contended that the lot was in fact two parcels, one of which was not residential.
Ruling: 
Homestead exemption did not cover adjacent tract not linked to support, existence or enhancement of residence.
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Consumer case opionion summary, case decided on April 18,2008, LexisNexis #0608-005

Klingerman v. ExecuCorp LLC (In re Klingerman)

Plaintiff debtor, who was a founding member of defendant limited liability corporation (LLC), commenced an adversary proceeding to judicially dissolve and wind up the LLC. Defendant, another member (member), asserted that the debtor ceased to be a member of the LLC when he filed a bankruptcy petition and thus lacked standing to seek dissolution.
Ruling: 
Debtor's interest in LLC became property of the estate on petition date so that the estate had standing to request dissolution.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0508-118

In re Hitt

Debtor moved per 11 U.S.C.S. § 350 to reopen his chapter 7 bankruptcy and to reimpose the automatic stay relative to a lawsuit that was pending in state court on the date on which debtor's bankruptcy was filed. At issue was whether plaintiff creditor's efforts to reactivate the state court suit following the closure of the chapter 7 violated the discharge injunction under 11 U.S.C.S. § 524 or was affected by 11 U.S.C.S. § 523.
Ruling: 
Creditor's efforts to reactivate state court action against debtor violated discharge injunction.
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Consumer case opionion summary, case decided on April 03,2008, LexisNexis #0508-101

In re Snead

The holder of a note and a deed of trust to certain real property securing a promissory note given by debtor-in-possession (DIP) asked the court for relief from stay to enjoin the DIP from using cash collateral based on the holder's claim that it did not have adequate protection. At issue was whether there was adequate protection for the holder's interest.
Ruling: 
Order for adequate protection payments and enjoining debtor-in-possession from using cash collateral was not necessary where sufficient equity cushion existed in security.
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Consumer case opionion summary, case decided on April 01,2008, LexisNexis #0508-078

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