Judge Duncan

In re Gibson

Creditor bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2). The bank held a mortgage on the chapter 13 debtor's business property and tools of the trade in the amount of $ 382,011.96. The debtor filed an objection to the motion, arguing that the bank was adequately protected under the terms of her chapter 13 plan.
Ruling: 
Relief from stay granted to bank given lack of equity in property and slim possibility that debtor could redeem property after tax sale.
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Consumer case opionion summary, case decided on May 26,2011, LexisNexis #0611-075

In re Sandifer

A trustee in bankruptcy filed objections to debtors' amended chapter 12 Plan.
Ruling: 
Confirmation denied due to excessive setoffs for operating expenses that would otherwise likely be covered by earnings.
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Consumer case opionion summary, case decided on May 25,2011, LexisNexis #0611-099

In re Harris

Landlords obtained a judgment for possession of real property occupied by a bankruptcy debtor before the debtor filed her bankruptcy petition. The landlords objected to the debtor's certification under 11 U.S.C.S. § 362(l) of an intent to cure the default which temporarily invoked application of the automatic bankruptcy stay.
Ruling: 
Relief from stay to execute on judgment of possession unnecessary due to expiration of 30-day stay.
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Consumer case opionion summary, case decided on May 24,2011, LexisNexis #0611-078

In re Fisette

Before the court for confirmation of debtor's amended chapter 11 plan. Objections to confirmation of the plan were filed by the United States Trustee (UST) and one creditor.
Ruling: 
Confirmation denied where debtor failed to provide sufficient information for feasibility determination.
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Consumer case opionion summary, case decided on May 12,2011, LexisNexis #0611-133

Auto Fin. Corp. v. Rigoroso (In re Rigoroso)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt owed to it by the debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The creditor filed a motion for partial summary judgment on its § 523(a)(6) cause of action, arguing in part that a state court default judgment was entitled to collateral estoppel effect.
Ruling: 
Debtor car dealer president's sale of vehicle under lien to creditor without creditor's permission led to nondischargeable debt.
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Consumer case opionion summary, case decided on April 25,2011, LexisNexis #0511-079

In re Connector 2000 Assn

Debtor, a South Carolina nonprofit corporation, filed a petition under chapter 9 of the Bankruptcy Code, proposed a plan for reorganizing its business, and asked the court to confirm its plan. A creditor sent the court a letter which objected to confirmation.
Ruling: 
Nonprofit group's chapter 9 plan approved over creditor's objection.
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Commercial case opionion summary, case decided on April 01,2011, LexisNexis #0511-023

In re Om Shivai Inc.

Chapter 11 debtor filed a Small Business Disclosure Statement and Small Business Plan. The United States Trustee (UST) filed a motion to dismiss, which was joined by a creditor.
Ruling: 
Case of debtor motel owner dismissed due to lack of feasibility,
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Commercial case opionion summary, case decided on April 01,2011, LexisNexis #0511-027

In re Madera

Before the court was the confirmation of Chapter 13 debtors' plan.
Ruling: 
Plan confirmation denied due to numerous nonconforming provisions.
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Consumer case opionion summary, case decided on March 01,2011, LexisNexis #0311-135

In re Gyro-Trac (USA) Inc.

A creditor of Chapter 11 debtor (objecting creditor) objected to confirmation of the debtor's plan. The debtor filed motions to consolidate its case with the associated bankruptcy cases of two related entities. The creditor filed a motion to prohibit the continued use of cash collateral and motions for relief from stay with respect to the debtor and one of the related entities.
Ruling: 
Plan confirmed over creditor's objection as feasible and paying unsecured creditor significantly more than they would receive in chapter 7.
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Commercial case opionion summary, case decided on December 22,2010, LexisNexis #0111-095

In re Stanley

In calculating monthly disposable income, bankruptcy debtors did not include an inheritance and a substantial tax refund in their income and deducted payments for a loan from a retirement account which was used to repay unsecured debt incurred by one debtor allegedly as a result of such debtor's depression. The U.S. Trustee moved for dismissal of the debtors' case based on a presumption of abuse of chapter 7 bankruptcy.
Ruling: 
Chapter 7 case ordered converted or dismissed for abuse due to amount of monthly disposable income and improper deduction.
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Consumer case opionion summary, case decided on October 27,2010, LexisNexis #1210-023

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