Judge Huennekens

In re Brown

In a chapter 13 bankruptcy case, the debtors filed a motion seeking to set aside a foreclosure sale conducted by a creditor as violative of the automatic stay.
Ruling: 
Foreclosure conducted pursuant to relief from stay granted in debtor's prior dismissed case could not be set aside as debtor was ineligible in second case.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0613-072

In re Landamerica Fin. Group Inc.

Movant, the trustee of debtors' liquidation trust sought entry of an order enforcing the injunction set forth in affiliated debtors' joint chapter 11 plan, in accordance with 11 U.S.C.S. §§ 1141(a), 1142(b), and 105(a), and Fed. R. Bankr. P. 9014 and 9020, against respondent creditor, which argued that the instant court lacked jurisdiction to decide the issue.
Ruling: 
Creditor's action against trustee for conflict of interest enjoined as violating confirmed plan and filed without leave of bankruptcy court.
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Commercial case opionion summary, case decided on April 30,2013, LexisNexis #0513-093

In re Hookup LLC

Chapter 11 debtor filed a motion pursuant to 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9020 for contempt, seeking a court order compelling respondent and its principal to comply with the terms of a court order, finding respondent and the principal, in his individual capacity, in civil contempt, and imposing sanctions against respondent and the principal for their willful disregard of the order.
Ruling: 
Principal of debtor's lessee sanctioned for willful disregard of court order.
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Commercial case opionion summary, case decided on January 15,2013, LexisNexis #0213-035

In re Hookup LLC

A bankruptcy debtor asserted that a tenant of the debtor violated the automatic bankruptcy stay of 11 U.S.C.S. § 362 by withholding rent which was due to the debtor under the terms of a lease. The debtor moved for sanctions against the tenant.
Ruling: 
Tenant sanctioned for withholding rent from debtor landlord in violation of stay.
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Commercial case opionion summary, case decided on October 15,2012, LexisNexis #1112-007

In re Atlas Computers Inc.

A chapter 7 trustee filed a motion to approve a settlement of a fraudulent transfer action. Certain creditors (the claimants) who were not parties to the fraudulent transfer action objected to the settlement.
Ruling: 
Settlement of fraudulent transfer proceeding approved as fair, reasonable and in best interests of the estate.
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Commercial case opionion summary, case decided on July 24,2012, LexisNexis #0812-068

Siegel v. Russell Ville Steel Co. (In re Circuit City Stores Inc.)

Plaintiff, the trustee for a liquidating trust, brought an adversary proceeding against defendant supplier to avoid and recover pursuant to 11 U.S.C.S. § 547 several transfers made by debtor and its affiliated debtors, in the ninety days immediately preceding the petition date.
Ruling: 
Preference period payments to supplier at different days-to-pay average than payments prior to preference period were not made in ordinary course of business and could be avoided.
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Commercial case opionion summary, case decided on June 01,2012, LexisNexis #0612-126

In re Lewis Road LLC

Chapter 11 trustee sought relief per Fed. R. Civ. P. 60(b) and Fed. R. Bankr. P. 9024 from an earlier order approving a settlement among debtor, a debtor in possession (DIP), and other parties including Creditors 1 and 2 to the extent that it paid legal fees for Creditor 2's representation by a firm. Issues included whether the firm violated 11 U.S.C.S. § 327 and Fed. R. Bankr. P. 2014 in connection with its participation in the case.
Ruling: 
Settlement order vacated to the extent covering attorneys' fees for undisclosed dual representation of debtor in possession and creditor.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0112-038

Prunty v. Terry (In re Prunty)

Objector, the chapter 7 trustee, filed an objection to the claim in the amount of $1,487,226.78 filed by claimant creditor, the former wife of the debtor, seeking to disallow the claim in its entirety as barred by 11 U.S.C.S. § 502(d), or in the alternative, as limited by the amount of several transfers of property to creditor that were avoidable pursuant to 11 U.S.C.S. § 547(b).
Ruling: 
Claim of debtor's former spouse limited to value of interest in property that could be recovered from the spouse by trustee.
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Consumer case opionion summary, case decided on November 15,2011, LexisNexis #0112-013

In re Acosta

A Chapter 11 debtor, a real estate broker, and two real estate agents asked the court to allow payment in full of real estate commissions in connection with the debtor's sales of real property even though the court authorized broker did not comply with the court's order under 11 U.S.C.S. § 327(a) prohibiting it from representing both the seller (the debtor) and any buyer of the two properties.
Ruling: 
Broker's commission on sale of debtor's property limited due to violation of court order prohibiting dual agency.
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Consumer case opionion summary, case decided on May 25,2011, LexisNexis #0611-107

In re Lassiter

The Office of the United States Trustee filed a statement of presumed abuse pursuant to 11 U.S.C.S. § 704(b)(1)(A). In response, debtors filed a motion to reconvert their chapter 7 case back to a case under chapter 13.
Ruling: 
Conversion to chapter 13 under § 707(b) applies to cases converted from chapter 13.
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Consumer case opionion summary, case decided on May 24,2011, LexisNexis #0611-094

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