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4th circuit

In re Estate of Roberts

Ruling
A decedent's estate or its executor are not persons under the Code and thus may not be debtors.
Procedural posture

In petitioner individual's capacity as executor of a decedent's estate, petitioner filed a chapter 13 petition on behalf of a decedent's probate estate

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opinion summary, case decided on August 16, 2005 , LexisNexis #0106-005

Fuller v. Cash Am. Pawn (In re Fuller)

Ruling
Pawn shop's notice of forfeiture and selling of the debtor's pawned jewelry violated the automatic stay.
Procedural posture

Plaintiff, chapter 13 debtor, brought an adversary action against defendant pawn shop alleging the latter violated the automatic stay by disposing of jewelry she had placed with the pawn shop as security for a personal loan and notifying debtor of a purported forfeiture under S.C. Code Ann. § 40-39-110. The pawn shop moved for summary judgment on the claim.

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opinion summary, case decided on August 15, 2005 , LexisNexis #0206-101

Chelsea Woods Condo. v. Okupe (In re Okupe)

Ruling
Creditor's motion to terminate automatic stay was granted since evidence showed a foreclosure sale on the debtor's condo occurred prior to filing.
Procedural posture

Movant creditor filed a request for an order to terminate or annul the automatic stay of 11 U.S.C. § 362(a) in order to consummate a foreclosure sale of respondent debtor's condominium unit.

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opinion summary, case decided on August 11, 2005 , LexisNexis #0106-074

Guaranty Residential Lending Inc. v. Koep (In re Koep)

Ruling
Creditor was denied partial summary judgment regarding nondischargeablity issue despite debtor misrepresentations because the creditor failed to demonstrate justifiable or reasonable reliance on the misrepresentations.
Procedural posture

Plaintiff creditor filed a complaint against defendant debtor seeking a determination that certain debts allegedly owed to it by the debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(2). The creditor filed a motion for partial summary judgment

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opinion summary, case decided on August 01, 2005 , LexisNexis #0106-048

In re Moroney

Ruling
Chapter 13 petition was dismissed due to debtor bad faith in proposing modest payout in plan since the tax debt was recently not discharged under chapter 7 and the debtor showed no evidence of financial troubles or efforts to pay the tax debt.
Procedural posture

Primary creditor, the IRS, objected to the confirmation of the debtor's chapter 13 plan for lack of good faith and for not devoting all of debtor's disposable income into the performance of the plan. The U.S. trustee moved to dismiss the case based on 11 U.S.C. §§ 1307 and 1325.

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opinion summary, case decided on June 08, 2005 , LexisNexis #0106-102

Hammons Fall 2006, LLC, In re--Revocable Trust of John Q. Hammons Dated December 28, 1989 v. JWJ Hotel Holdings Inc.

Ruling
Debtor could not avoid purchase right of co-member of LLC, contained in a non-executory agreement, that was triggered upon effective date of plans calling for sale of debtor’s interest in the LLC. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment.

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Commercial opinion summary, case decided on December 28, 1989 , LexisNexis #0723-081