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McCarthy v. Wells Fargo Bank (In re El-Atrari)

Ruling
Withdrawal of reference of fraudulent conveyance proceeding related to bankruptcy denied.
Procedural posture

Defendant former creditor filed a motion pursuant to 28 U.S.C.S. § 157(d) to withdraw the reference of plaintiff chapter 7 trustee's fraudulent conveyance action.

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Consumer opinion summary, case decided on November 18, 2011 , LexisNexis #1211-062

Sawyer v. Worcester

Ruling
Bankruptcy court properly overruled debtor's objections to claims on grounds of res judicata.
Procedural posture

Appellant, a chapter 13 debtor, challenged an order from a bankruptcy court sustaining appellee creditor's plea of res judicata and collateral estoppel and overruling her objection to the validity of the claim. A second appeal involved the bankruptcy court's order denying several of the debtor's motions related to the claims of the creditor and another appellee, the estate of a client.

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Consumer opinion summary, case decided on August 04, 2009 , LexisNexis #0909-044

Endeka Enters. LLC v. Meiburger (In re Tsiaoushis)

Ruling
Provision for dissolution of LLC upon bankruptcy of member was enforceable as the LLC agreement was not an executory contract.
Procedural posture

Appellee trustee filed an adversary proceeding against appellants, a limited liability company ("LLC") and its member, seeking to dissolve the LLC. The trustee filed a motion for a partial summary judgment, seeking a declaration that certain paragraphs of the LLC's operating agreement were valid and enforceable. The bankruptcy court granted summary judgment in favor of the trustee, and appellants sought review.

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opinion summary, case decided on July 19, 2007 , LexisNexis #0907-024

Northern Va. Regl Park Auth. v. Virginia Elec. & Power Co. (In re Elantic Telecom)

Ruling
Trespass action by park authority against debtor for unauthorized use of fiber optic utility line was not related to bankruptcy.
Procedural posture

Plaintiff park authority sued defendants, an electric company and its transferee, in state court, alleging trespass, unjust enrichment, and constructive trust based on its claim that the electric company unlawfully permitted the transferee to use a fiber optic line on its property. Defendants removed the lawsuit to federal court based on the transferee's bankruptcy proceeding. The authority moved to remand and the transferee moved to transfer.

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opinion summary, case decided on November 22, 2006 , LexisNexis #0107-031