Judge Mayer

ClearOne Communs. Inc. v. Flood (In re Flood)

Ruling: 
Debt was dischargeable where creditor did not justifiably rely on debtor's allegedly false statements.
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Consumer case opionion summary, case decided on June 02,2014, LexisNexis #0814-013

McCarthy v. IRS (In re Naeem)

Ruling: 
IRS claim against debtor for erroneous payment of refund to co-debtor disallowed.
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Consumer case opionion summary, case decided on January 24,2014, LexisNexis #0214-082

Robbins v. Gordon Props. LLC (In re Gordon Props. LLC)

Ruling: 
Chapter 11 trustee ordered appointed due to poor management and lack of feasibility subject to prior continuation for possible settlement.
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Commercial case opionion summary, case decided on October 22,2013, LexisNexis #1113-065

Gordon Props. LLC v. First Owners Assn of Forty Six Hundred Condo. Inc. (In re Gordon Props. LLC)

Ruling: 
Settlement of dispute with condominium association could not be approved due to debtor's excessive control over organization and lack of good faith decision making process.
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Commercial case opionion summary, case decided on September 19,2013, LexisNexis #1013-034

Highland Constr. Mgmt. Servs. v. Wells Fargo (In re Highland Constr. Mgmt. Servs.)

Ruling: 
Debtor could not avoid lapsed security interest that had been valid on petition date.
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Commercial case opionion summary, case decided on July 30,2013, LexisNexis #0813-092

Sobel v. Sells (In re Gordon Props. LLC)

Plaintiff condominium owners filed an action in a Virginia court, alleging that defendants, an owners' association and individuals who owned a limited liability company ("LLC") that declared chapter 11 bankruptcy, violated the condominium owners' rights. The case was removed to the bankruptcy court, where three individuals who owned the LLC asked the court for permission to hire the LLC's attorney to represent them.
Ruling: 
Individuals who owned debtor developer LLC could not hire debtor's attorneys to represent them in action brought by condominium owners.
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Commercial case opionion summary, case decided on May 17,2013, LexisNexis #0613-038

In re Larijani

Putative chapter 13 debtor filed a motion to vacate a prior court order dismissing his instant case, and requesting an extension of time within which to obtain credit counseling services, on the grounds that a foreclosure was scheduled for the day after he filed his bankruptcy petition. When debtor had failed to appear at a hearing on the counseling issue, his case was dismissed.
Ruling: 
Debtors' fourth case dismissed due to failure to obtain required credit counseling.
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Consumer case opionion summary, case decided on April 03,2013, LexisNexis #0413-111

In re Uzaldin

Chapter 13 debtor filed a motion to dismiss his case under 11 U.S.C.S. § 1307(b). The trustee and a creditor objected.
Ruling: 
Voluntary dismissal granted with prejudice due to debtor's abuse of bankruptcy system.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-060

In re Williams

A chapter 13 trustee filed an objection to the debtors' third proposed plan pursuant to 11 U.S.C. § 1325(a)(3) and (b)(1)(B) on the grounds that the plan was not proposed in good faith and that the debtors were not paying their disposable monthly income to the plan.
Ruling: 
Confirmation denied due to improper treatment of old vehicle expense after purchase of new expensive vehicle just prior to petition date.
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Consumer case opionion summary, case decided on May 01,2012, LexisNexis #0512-102

In re Carr

A bankruptcy debtor successfully completed her chapter 13 plan which included a cure of an arrearage in the debtor's home mortgage payments. The bankruptcy trustee objected to the mortgage creditor's claim for a fee for preparing a response to the trustee's notice of a final cure payment under Fed. R. Bankr. P. 3002.1.
Ruling: 
Claim for attorneys' fee for preparing response to notice of final cure payment denied as task was administrative in nature.
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Consumer case opionion summary, case decided on March 19,2012, LexisNexis #0412-069

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