Judge Huennekens

In re Circuit City Stores Inc.

Lessors under chapter 11 debtors' leases filed motions seeking to compel immediate payment of the postpetition rent due from the debtors for the period from the petition date through the end of the month (Stub Rent) pursuant to 11 U.S.C.S. § 365(d)(3).
Ruling: 
Claims for stub rent were entitled to administrative expense priority and payable upon effective date of reorganization.
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Commercial case opionion summary, case decided on February 12,2009, LexisNexis #0509-110

In re Circuit City Stores Inc.

Debtors operated retail consumer electronics stores which received services from utility companies, which services were essential to the continued operation of the debtors. The debtors moved for an order approving a blocked account to provide adequate assurance of payment to the utilities pursuant to 11 U.S.C.S. § 366 and establishing procedures to resolve disputes concerning adequate assurance of payment.
Ruling: 
Order for adequate assurance payments to utilities approved subject to later modification.
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Commercial case opionion summary, case decided on January 14,2009, LexisNexis #0409-002

In re Simon

The debtor filed an objection to certain claims and a motion to estimate such claims for voting purposes. The motion presented the issue of whether the debtor could separately classify three unliquidated medical malpractice claims by placing them in a class different from his other liquidated general unsecured claims.
Ruling: 
Unliquidated medical malpractice claims to which debtor objected classified separately from liquidated general unsecured claims.
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Consumer case opionion summary, case decided on July 29,2008, LexisNexis #1208-076

In re Garrett

A chapter 13 debtor filed a motion to rebut the presumption created by 11 U.S.C.S. § 362(c)(3) that her case was not filed in good faith, and to obtain an extension of the automatic stay pursuant to 11 U.S.C.S. § 362(a).
Ruling: 
Stay would not terminate after 30 days in chapter 13 case filed one year after dismissal of debtor's chapter 7 case.
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Consumer case opionion summary, case decided on May 23,2008, LexisNexis #0808-008

Haas v. Trammell (In re Trammell)

Plaintiff claimant brought a complaint against defendant chapter 7 debtor, alleging that his claims of malicious prosecution and common law fraud against the debtor were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2) and § 523(a)(6).
Ruling: 
Claims based on alleged malicious prosecution of criminal charges were dischargeable absent proof of malicious or improper motive by debtor.
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Consumer case opionion summary, case decided on May 02,2008, LexisNexis #0608-043

In re Rennie Petroleum Corp.

The debtor moved for entry of an order approving the retroactive employment of a professional person under 11 U.S.C.S. § 327, or alternatively, for an order awarding compensation to the professional person for making a substantial contribution to the case under 11 U.S.C.S. § 503(b)(4). The trustee in bankruptcy and counsel for the creditors' committee opposed the motion.
Ruling: 
Retroactive approval of employment of professional business analyst denied.
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Commercial case opionion summary, case decided on February 25,2008, LexisNexis #0408-003

In re Grubbs

A chapter 13 trustee objected to the confirmation of a chapter 13 debtor's plan, claiming that the appropriate applicable commitment period under 11 U.S.C. § 1325(b)(4) was five years, not three years.
Ruling: 
Plan of married debtor filing individually could exclude spouse's income to the extent not regularly contributed to household expenses.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0208-058

In re Lavigne

Four separate chapter 13 cases were before the court. Debtors in each of the four cases purchased motor vehicles within the 910-day period immediately preceding the filing of their bankruptcy petitions. The four creditors which financed their motor vehicle purchases objected to confirmation of their chapter 13 plans.
Ruling: 
Hanging paragraph precluded bifurcation of vehicle loan except for negative equity portion which was not purchase money in nature.
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Consumer case opionion summary, case decided on November 14,2007, LexisNexis #0108-127

In re IPofA W. Oaks Mall LP

Debtors, three Texas limited partnerships (LPs), filed separate petitions under chapter 11, and the court granted their petition for joint administration of their cases. Movant creditor filed a motion for an order appointing a chapter 11 trustee to represent the interests of creditors.
Ruling: 
Chapter 11 trustee ordered appointed where debtor's owner and manager violated fiduciary duties with questionable sale to entity also in bankruptcy.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-054

Brown v. Pit Road Auto Serv. (In re Brown)

The matter was before the court on debtor's motion for contempt. Debtor filed the motion against respondents, two individuals and businesses, alleging violation of the automatic stay of 11 U.S.C. § 362(a). The court earlier granted the motion for contempt. It also earlier awarded debtor $2,244 for attorneys'fees and $3,300 for damages that had been caused to debtor's vehicle. The matter of punitive damages was taken under advisement.
Ruling: 
Sanctions, fees and punitive damages awarded to debtor due to creditors' knowing, intentional violation of stay and of court order for return of collateral.
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