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Carroll v. Abide

Ruling
Bankruptcy court permission not required for debtor to bring a Fourth Amendment claim against the trustee.
Issue(s)
Does the Barton doctrine apply to require debtor to seek leave of the bankruptcy court before bringing suit against a bankruptcy trustee?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 11, 2015 , LexisNexis #0715-024

Wells Fargo Bank v. 804 Cong. LLC (In re 804 Cong. LLC)

Ruling
District court erred in holding that bankruptcy court did not have jurisdiction over foreclosure sale proceeds where federal law governed distribution to oversecured creditor.
Issue(s)
Whether, after an automatic stay in bankruptcy has been lifted and a creditor is permitted to foreclose on real property, federal or state law governs an oversecured creditor's recovery of attorneys' and other fees from the sale proceeds and whether the bankruptcy court has jurisdiction over the sale proceeds for purposes of determining the creditor's right to recover attorneys' fees as well as a deed of trust trustee's right to recover a contractually specified commission for conducting the non-judicial foreclosure sale?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 23, 2014 , LexisNexis #0714-044

Kim v. Dome Entmt Center Inc. (In re Kim)

Ruling
Bankruptcy code limitation on unlimited state homestead exemption of non-debtor spouse was proper and not an unconstitutional taking.
Issue(s)
Did the bankruptcy code's limitation on state unlimited homestead exemption of non-debtor spouse constitute an unconstitutional taking?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 09, 2014 , LexisNexis #0614-115

Credit Union Liquidity Servs. LLC v. Green Hills Dev. Co. LLC (In re Green Hills Dev. Co. LLC)

Ruling
Creditor lacked standing to bring involuntary case where extensive record of litigation with debtor established bona fide dispute.
Issue(s)
Did creditor lack standing to file involuntary petition because its claim against debtor was subject to a bona fide dispute as to liability or amount.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 03, 2014 , LexisNexis #0214-107

Bandi v. Becnel (In re Bandi)

Ruling
False representations of ownership of property were not statements regarding financial condition and were proper basis for nondischargeability.
Procedural posture

Chapter 7 debtors challenged a decision of the U. S. District Court for the Eastern District of Louisiana, which affirmed a decision of the bankruptcy court that concluded that debts owed by the debtors to judgment creditor were non-dischargeable under 11 U.S.C.S. § 523(a)(2)(B).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 12, 2012 , LexisNexis #0712-017

McCombs v. HD Smith Wholesale Drug Co. (In re McCombs)

Ruling
Bankruptcy court erred in finding that judgment creditor held an enforceable lien on proceeds of exempt homestead.
Procedural posture

A trustee and nondebtor spouse (wife) appealed the U.S. Bankruptcy Court for the Southern District of Texas' grant of summary judgment to a judgment creditor. The trustee and the wife argued the bankruptcy court erred in holding that the creditor had an enforceable lien against the proceeds of the sale of the debtor's homestead property in excess of the $125,000 homestead exemption.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 04, 2011 , LexisNexis #1011-112