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Northern District

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

In re Badour

A bank at which debtor maintained accounts, sought to offset, against funds in two general deposit accounts belonging to debtor and pursuant to 11 U.S.C.S. § 553, debtor's pre- petition liability in the amount of $12,760 owed to bank on account of credit obligations that had been secured by those deposit accounts. Also at issue was whether debtor's W. Va. Code § 38-10-4 exemption claim therein was cognizable per 11 U.S.C.S. § 522.
Ruling: 
Creditor could offset prepetition liability against debtor's bank accounts that secured the debt.
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Consumer case opionion summary, case decided on March 13,2009, LexisNexis #0409-055

In re 210 West Liberty Holdings LLC

Movants, a disgruntled investor/lender (investor) in a restaurant that was owner by a chapter 11 debtor and two members of a management entity (managers) that ran the restaurant, asked the court to lift the automatic stay under 11 U.S.C.S. § 362 so that movants might name debtor as an indispensible party to post-petition state court litigation filed against debtor, its principals and various related business entities and persons.
Ruling: 
Stay modified to allow debtor to be added as a party in state law suit over restaurant.
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Commercial case opionion summary, case decided on February 04,2009, LexisNexis #0309-073

Harrold v. Raeder (In re Raeder)

Plaintiff, the mother of defendant chapter 7 debtor, filed a motion for summary judgment in her action against the debtor, seeking to have a debt owed her excepted from the debtor's chapter 7 discharge pursuant to 11 U.S.C.S. § 523(a)(2), § 523(a)(4), and/or § 523(a)(6), and requesting that the court deny the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4).
Ruling: 
Debtor's allegedly unauthorized withdrawals from mother's checking account on which debtor was an authorized signatory were dischargeable.
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Consumer case opionion summary, case decided on January 12,2009, LexisNexis #0209-075

Moyers v. Fair Collections & Outsourcing Inc. (In re Moyers)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant collection agency, alleging that it attempted to collect a debt after she filed for bankruptcy, in violation of 11 U.S.C.S. § 362, and failed to timely update the status of that debt with credit reporting agencies. The collection agency moved for summary judgment.
Ruling: 
Creditor's month and one-half delay in updating debtor's status with credit reporting agency did not violate stay.
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Consumer case opionion summary, case decided on December 22,2008, LexisNexis #0309-137

In re Ohio Valley Amusement Co.

A creditor of a chapter 11 debtor sought to be allowed an administrative claim under 11 U.S.C.S. § 503(b)(1) against the debtor's estate for two unauthorized, post-petition loans to the debtor. The debtor filed a motion for summary judgment on the grounds that the creditor failed to follow the requirements for post-petition financing set forth in 11 U.S.C.S. § 364.
Ruling: 
Creditor not entitled to adminstrative expense claim for unauthorized postpetition financings.
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Commercial case opionion summary, case decided on December 01,2008, LexisNexis #0109-066

In re Eskim LLC

A debtor filed for relief under chapter 11 of the Bankruptcy Code. A creditor sought relief from the automatic stay so that it could begin liquidating 47 residential properties that secured the debt owed to the creditor and sought to prohibit the debtor from using its cash collateral.
Ruling: 
Relief from stay denied where debtor's plan would cure default on loan from creditor.
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Commercial case opionion summary, case decided on August 28,2008, LexisNexis #0908-088

In re AB&C Group Inc.

In this chapter 7 case, debtor moved to authorize payment of prepetition wages and related taxes. The chapter 7 Trustee objected to the motion.
Ruling: 
Debtor's motion to authorize payment of prepetition wages and related taxes denied on trustee's objection.
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Commercial case opionion summary, case decided on July 02,2008, LexisNexis #0708-120

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