Judge Pearson

United States v. Hall (In re Hall)

Ruling: 
Debt for Social Security Disability benefits obtained through fraud was nondischargeable.
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Consumer case opionion summary, case decided on May 30,2014, LexisNexis #0814-012

In re Mountain Country Partners LLC

Petitioning creditors filed an involuntary petition under the Bankruptcy Code, seeking an order which placed an LLC into bankruptcy because it was not paying its debts. The LLC opposed the petition.
Ruling: 
Involuntary petition filed by three holders of valid promissory notes granted.
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Commercial case opionion summary, case decided on June 25,2012, LexisNexis #0712-109

In re Hall

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to the debtors' plan, claiming that the plan could not be approved because it proposed to cram down the creditor's interest in a vehicle the debtors purchased less than 910 days before they declared bankruptcy, in violation of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Purchase money security interest in "910 vehicle," exclusive of negative equity, could not be crammed down.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0409-016

McDow v. Wamsley (In re Wamsley)

The U.S. trustee sought to revoke a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1).
Ruling: 
Discharge revoked due to debtor's repeated omissions and false oaths.
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Consumer case opionion summary, case decided on February 22,2008, LexisNexis #0308-138

Kinder MorgenPinney Dock & Transp. LLC v. Mittal Steel USA Inc. (In re Weirton Steel Corp.)

Plaintiff filed an adversary complaint against defendants, the entities that purchased substantially all the assets of a chapter 11 debtor and the successor to the entities, alleging that defendants failed to pay the remaining cure amount of an agreement that was allegedly assumed and assigned to one of the entities as part of its purchase of the debtor's assets. The successor filed a motion for judgment on the pleadings.
Ruling: 
Bankruptcy court lacked jurisdiction over cure payments under agreement from which debtor was released upon sale of the agreement and other assets.
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In re Tropea

An unsuccessful stalking horse bidder for the business assets of the chapter 13 debtor asked the bankruptcy court to award him a "finder's fee" of $3,000 to offset his unrecovered costs. The court held a hearing on the request.
Ruling: 
Unsuccessful stalking horse bidder debtor's business entitled to administrativ expense fee as efforts prevented tax sale to benefit of estate.
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