Judge Flatley

Barnhart v. Union Bank Inc. (In re Barnhart)

Debtors' complaint alleged that defendant creditor electronically filed a proof of claim in their chapter 7 bankruptcy case, which revealed personal identification data. Based on the creditor's filing of its unredacted proof of claim, debtors sought to recover tort damages, disallowance of the proof of claim, and contempt damages. The creditor moved to dismiss the complaint for failure to state a claim.
Ruling: 
Debtor's complaint for damages due to creditor's filing of proof of claim that revealed personal data dismissed.
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Consumer case opionion summary, case decided on February 26,2010, LexisNexis #0410-101

In re Herlan

Movant principal sought an immediate turnover of vacation home management contracts that were in the possession of a chapter 11 debtor under 11 U.S.C.S. § 541(d) on the grounds that the principal was the equitable owner of those contracts. The court granted the oral motion of the principal to add a realty company as a moving party in its motion for turnover.
Ruling: 
Debtor real estate agent ordered to turn over vacation home management contracts to resort.
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Consumer case opionion summary, case decided on January 06,2010, LexisNexis #0210-014

Jeffries v. Osborne (In re Osborne)

In this adversary case, plaintiff homeowner contended that money defendant debtor obtained from her under a construction contract was excepted from discharge under 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(2)(B). She also contended that entry of the debtor's chapter 7 discharge should be denied under 11 U.S.C.S. § 727(a)(4) on the basis that he omitted assets and/or undervalued assets on his bankruptcy petition and schedules.
Ruling: 
Homeowner's claim against debtor contractor was dischargeable absent proof of fraud or intent to deceive.
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Consumer case opionion summary, case decided on December 18,2009, LexisNexis #0110-050

Centra Bank Inc. v. Burton (In re Burton)

Plaintiffs, a lender and a loan guarantor, brought an adversary proceeding against defendant bankruptcy debtor, a corporate principal who caused a corporation to obtain loans from the lender and personally guaranteed the loans, seeking a determination that debts to the lender and the guarantor were not dischargeable under 11 U.S.C.S. § 523(a)(4) based on fiduciary defalcation. The debtor moved to dismiss the complaint.
Ruling: 
Dischargeability proceeding based on debtor corporate principal's breach of fiduciary duty dismissed as to lender but not as to corporation.
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Consumer case opionion summary, case decided on September 17,2009, LexisNexis #1009-047

In re Gray

A creditor objected to confirmation of debtor's proposed chapter 11 plan of reorganization on the grounds that she was not committing all of her projected disposable income to her Plan. The creditor also sought dismissal of her bankruptcy case due to it allegedly being filed in bad faith.
Ruling: 
Confirmation denied due to debtor's failure to devote all projected disposable income to plan.
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Consumer case opionion summary, case decided on August 11,2009, LexisNexis #0909-055

Harrold v. Raeder (In re Raeder)

Plaintiff creditor claimed that her debtor son owed her $ 264,193. She sought to have this debt excepted from debtor's chapter 7 discharge pursuant to 11 U.S.C.S. § 523(a)(2), (4), and/or (6), and she requested that the court deny him a discharge pursuant to 11 U.S.C.S. § 727(a)(4).
Ruling: 
Debt owed by debtor to mother was dischargeable absent grounds for exception from discharge.
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Consumer case opionion summary, case decided on July 29,2009, LexisNexis #0909-049

In re Poe

The debtors filed for relief under chapter 12 of the United States Bankruptcy Code and submitted a proposed plan. The debtors sought to strip down the deed of trust liens of a creditor to the value of their real property and then to amortize the notes over a 40-year period. The creditor objected to the proposed treatment of the loans and the court held an evidentiary hearing on the debtors' eligibility under chapter 12.
Ruling: 
Debtors who were no longer family farmers were ineligible to file under chapter 12.
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Consumer case opionion summary, case decided on July 29,2009, LexisNexis #0909-036

In re Barrett

A debtor filed for relief under chapter 13 of the Bankruptcy Code. Before the debtor filed for bankruptcy relief, a creditor had repossessed four of the debtor's motor vehicles. The debtor filed a motion for turnover of the vehicles, arguing that he needs them to operate his business. The creditor sought relief from the automatic stay so that it could liquidate the repossessed collateral.
Ruling: 
Creditor ordered to turn over repossessed vehicles necessary to operate debtor's business under proposed plan.
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Consumer case opionion summary, case decided on July 14,2009, LexisNexis #0809-077

In re Cheyenne Sales Co.

A husband and wife filed a pre-petition civil action to recover allegedly fraudulent transfers made by the debtor's sole shareholders to the debtor and their family members. Shortly before the trial on that action, the debtor filed a chapter 7 bankruptcy petition. The debtor, shareholders, and family members moved for a declaration that the automatic stay prevented the fraudulent transfer action from moving forward.
Ruling: 
Prepetition fraudulent transfer action was subject to automatic stay.
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Commercial case opionion summary, case decided on May 19,2009, LexisNexis #0609-106

In re Estate of Larosa

The surviving debtor, the surviving spouse of deceased debtor, proposed a chapter 11 plan. Creditors, the cousins of the deceased debtor, filed objections to the plan and moved to convert the case to one under chapter 7, pursuant to 11 U.S.C.S. § 1112(b), arguing they were the only class of impaired creditors, and their approval was thus required for the court to approve the cramdown plan under 11 U.S.C.S. § 1129(a)(8).
Ruling: 
Conversion to chapter 7 conditionally granted where creditors who did not consent to chapter 11 plan were the only impaired creditors.
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Consumer case opionion summary, case decided on March 25,2009, LexisNexis #0509-067

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