Judge Burris

In re Malone

Chapter 13 debtors' counsel requested approval and payment of fees and costs pursuant to 11 U.S.C.S. § 523(d).
Ruling: 
Debtors entitled to recover attorneys' fees for unjustified nondischargeability proceedings brought by creditor bank.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #0911-122

In re Condustrial Inc.

Debtor filed a voluntary petition under chapter 11 and submitted a disclosure statement and reorganization plan (the Plan) for confirmation. The court conducted a confirmation hearing.
Ruling: 
Plan including individual release of sole shareholder could be confirmed.
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Commercial case opionion summary, case decided on August 01,2011, LexisNexis #0911-023

Voss v. Pujdak (In re Pujdak)

Plaintiff judgment creditor filed a motion for judgment on the pleadings and to strike certain defenses in the creditor's action against defendant debtors, seeking to except the judgment debt from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(19).
Ruling: 
Collateral estoppel applied to state court funding of securities violations resulting in nondischargeable debt.
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Consumer case opionion summary, case decided on June 30,2011, LexisNexis #0711-126

In re Anderson

A Chapter 13 debtor sought confirmation of her plan.
Ruling: 
Confirmation denied where plan language indicated intent to enforce Truth in Lending Act claim in adversary proceeding and undefined offer of "tender."
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Consumer case opionion summary, case decided on June 08,2011, LexisNexis #0711-135

In re Outdoor RV & Marine LLC

In a chapter 11 case that was converted to a chapter 7, the attorney who represented the debtor filed an application for final compensation. A creditor objected, claiming that the attorney had failed to establish that compensation was warranted under 11 U.S.C.S. § 330(a)(3)(C) and (F) and that his fees should at best be a chapter 11 administrative expense under 11 U.S.C.S. § 726(b).
Ruling: 
Attorneys' fees for services that were reasonable when rendered approved over creditor's objection.
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Commercial case opionion summary, case decided on May 10,2011, LexisNexis #0611-004

In re BI-LO LLC

Lessor asked for a ruling that debtor lessees (DIPs) owed additional amounts on account of common area maintenance (CAM) fees chargeable under a lease at lessor's shopping center by reason of certain exterior painting and plumbing work undertaken by lessor. DIPs challenged the motion as untimely and also argued that the disputed charges were not includable in CAM in any event and were not properly charged to the estate.
Ruling: 
Disputed fees under assumed lease were not chargeable to the estate.
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Commercial case opionion summary, case decided on March 02,2011, LexisNexis #0411-005

In re Stein

Alleged debtor challenged the filing, by six creditors, of an involuntary bankruptcy petition under 11 U.S.C.S. § 303 on debtor's denial that he borrowed money from any of three creditors claiming to have judgments against him, that he executed guarantees that secured payment to the creditors, or that he owed money to any of the creditors.
Ruling: 
Involuntary petition was properly filed where debtor's challenges to petitioning creditors and their claims were meritless.
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Consumer case opionion summary, case decided on January 06,2011, LexisNexis #0211-071

Romero v. Coventry Credit Union (In re Romero)

Chapter 13 debtors filed a pro se adversary proceeding against defendant credit union, claiming that the credit union violated 11 U.S.C.S. § 362 when it sent them requests for payment after they declared bankruptcy. The debtors asked the court to find that the credit union willfully violated § 362 and to enjoin the credit union from all postpetition collection actions. The credit union filed a motion for summary judgment.
Ruling: 
Debtor did not establish right to damages for creditor's automatic payment requests that violated stay.
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Consumer case opionion summary, case decided on November 23,2010, LexisNexis #1210-072

Anderson v. Holt (In re Judd)

Chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor's father and two mortgage companies, seeking a determination that he could avoid a mortgage the father gave to one company that was assigned to the other company. The bankruptcy court granted the companies' motion for summary judgment, but the U.S. District Court for the District of South Carolina reversed the bankruptcy court's decision.
Ruling: 
Trustee could not avoid mortgage granted by debtor's father on property transferred by debtor just prior to petition date due to equitable subordination.
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Consumer case opionion summary, case decided on November 23,2010, LexisNexis #1210-088

Bank. Meridian v. Ultra Holdings LLC (In re Earth Structures Inc.)

Plaintiff bank filed an action in the Spartanburg County Court of Common Pleas (South Carolina), alleging that defendants, a corporation, two individuals who had ownership interests in the corporation, and others, owed the bank money. The case was removed to the bankruptcy court after the corporation declared Chapter 11 bankruptcy, and the bankruptcy court retained jurisdiction over some of the bank's claims.
Ruling: 
Confirmation did not bar creditor bank's motion for summary judgment in action against debtor and guarantor.
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Commercial case opionion summary, case decided on October 27,2010, LexisNexis #0111-136

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