Judge Waites

In re Fickling

At a hearing on confirmation of debtor's chapter 13 plan, the issue was whether a buyout obligation of the debtor and owed to creditor wife was a domestic support obligation as defined by 11 U.S.C.S. § 101(14A), entitled to priority treatment under 11 U.S.C.S. § 507(a)(1), or whether it was part of a property settlement between the two.
Ruling: 
Payments to former spouse intended as part of property settlement were not nondischargeable domestic support obligations.
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Consumer case opionion summary, case decided on October 02,2012, LexisNexis #1012-122

In re Ferguson

Debtor declared chapter 11 bankruptcy and filed an amended disclosure statement for his second amended chapter 11 bankruptcy plan. The court conducted a hearing on the debtor's disclosure statement.
Ruling: 
Approval of amended disclosure statement denied due to failure to provide creditors with sufficient information to make informed decision on plan.
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Consumer case opionion summary, case decided on July 06,2012, LexisNexis #0912-096

In re Quint

A special administrator appointed by a county probate court filed a motion to represent the estate and interests of a deceased chapter 13 debtor and to convert the debtor's case to a case under chapter 7.
Ruling: 
Special administrator appointed by probate court could represent interests of deceased chapter 13 debtor.
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Consumer case opionion summary, case decided on June 22,2012, LexisNexis #0712-138

In re Madawaska Hardscape Prods.

Creditor filed an emergency motion for an order prohibiting a chapter 11 debtor from using cash collateral. The creditor also filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d) and the debtor filed a motion for use of cash collateral.
Ruling: 
Relief from stay granted subject to debtor's making adequate protection payments.
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Commercial case opionion summary, case decided on June 08,2012, LexisNexis #0712-042

In re Ferguson

A bank filed a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2) and a waiver of the 140-day stay of the order provided in Fed. R. Bankr. P. 4001(a)(3). The debtor objected to the bank's motion.
Ruling: 
Relief from stay denied where property was necessary for debtor's reasonably possible reorganization despite lack of equity.
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Consumer case opionion summary, case decided on May 31,2012, LexisNexis #0712-078

In re Halls

Movant, the United States Trustee, sought an order converting the case of the individual debtor from chapter 11 to chapter 7, pursuant to 11 U.S.C. § 1112(b). The trustee challenged the veracity of the debtor's disclosures in his schedules and statements and in testimony relating to a number of assets or business interests.
Ruling: 
Case converted to chapter 7 due to false statements by debtor regarding property in schedules and testimony.
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Consumer case opionion summary, case decided on April 25,2012, LexisNexis #0512-095

In re Pamplico Highway Dev.

This matter came before the court for confirmation of debtor's second modified plan of reorganization. A bank, the holder of two notes, each secured by a mortgage and assignment of rents, filed an objection to confirmation. The Internal Revenue Service (IRS) also filed an objection to confirmation, which was withdrawn at the confirmation hearing.
Ruling: 
Objection to confirmation by impaired creditor overruled as plan was fair and equitable.
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Commercial case opionion summary, case decided on April 02,2012, LexisNexis #0412-130

Corbett v. Corbett (In re Corbett)

This matter came before the court upon the Complaint filed by plaintiff debtor against defendant, her former husband and co-borrower on two debts, alleging a willful violation of the 11 U.S.C. § 362(a) automatic stay. He denied that a willful violation took place, and a trial was held.
Ruling: 
Debtor's former spouse committed willful violation of stay by knowingly attempting to collect debts after commencement of case.
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Consumer case opionion summary, case decided on March 29,2012, LexisNexis #0512-075

In re Its Greek to Me Inc.

Three chapter 11 debtors filed motions for an order substantively consolidating their cases. A creditor filed an objection.
Ruling: 
Cases of individual debtors, restaurant and property owner of which they owned 100 percent, consolidated.
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Commercial case opionion summary, case decided on March 07,2012, LexisNexis #0512-109

In re Its Greek to Me Inc.

Three chapter 11 debtors filed motions for an order substantively consolidating their cases. A creditor filed an objection.
Ruling: 
Cases of individual debtors and restaurant and property owner, of which they owned 100 percent, consolidated.
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Commercial case opionion summary, case decided on March 07,2012, LexisNexis #0512-071

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