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Northern District

Associated Nursing Inc. v. Garner (In re Associated Nursing Inc.)

Plaintiff chapter 11 debtor filed a complaint against defendant, the debtor's former principal, alleging breach of fiduciary duty, conversion, mismanagement, and misappropriation. The debtor also sought damages from the principal pursuant to 11 U.S.C.S. § 548(a), as a result of fraudulent transfers that he orchestrated for his personal benefit.
Ruling: 
Damages assessed for diversion of funds by debtor's principal for personal use.
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Commercial case opionion summary, case decided on December 14,2012, LexisNexis #0113-070

In re Superior Boat Works

This matter came before the court to consider the Amended Plan of Reorganization and the Report of Ballots and Request for Confirmation Pursuant to 11 U.S.C.S. § 1129(b)(1) (the Ballots Rep, t) submitted by debtor. No objection to the Plan was filed.
Ruling: 
Plan could be confirmed where all members of a particular class casting ballots approved.
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Commercial case opionion summary, case decided on November 21,2012, LexisNexis #1212-062

In re Superior Boat Works

A related corporation controlled by the same principals as the debtor filed a motion for determination that its payments to two attorneys for pre-petition fees and costs constituted priority administrative expenses and were reimbursable. No objection to the motion was filed.
Ruling: 
Corporation controlled by debtor's principals was not entitled to an administrative expense claim for attorneys' fees.
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Commercial case opionion summary, case decided on November 21,2012, LexisNexis #1212-044

In re Adams

A state court where the chapter 13 debtor had filed a personal injury/wrongful death cause of action asked the bankruptcy court to determine whether the debtor had a duty to disclose her claim for damages as an asset in her bankruptcy action.
Ruling: 
Postpetition personal injury/wrongful death action brought by debtor regarding care of late mother should have been disclosed as an asset.
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Consumer case opionion summary, case decided on October 10,2012, LexisNexis #1112-070

Peterson v. Green Tree Servicing LLC (In re Peterson)

Plaintiff chapter 13 debtors filed amended complaints against defendant creditor alleging that the creditor violated the automatic stay under 11 U.S.C.S. § 362(a). The debtors sought injunctive relief and sought actual damages, punitive damages, attorney fees and costs, and monetary sanctions.
Ruling: 
Creditor's application of installment payments as if received on contract date, rather than when received from trustee or paid to trustee did not violate stay.
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Consumer case opionion summary, case decided on September 19,2012, LexisNexis #1012-112

First Citizens Natl Bank v. Amanda (In re Trimble)

Plaintiff creditor objected to the dischargeability of a debt owed by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(B), or in the alternative, pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Deficiency judgment was nondischargeable due to debtor's materially false representation of income on loan application.
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Consumer case opionion summary, case decided on August 24,2012, LexisNexis #0912-123

Guarantee Bank & Trust Co. v. Ford (In re Ford)

Creditor filed an adversary complaint seeking to determine the dischargeability of a debt under 11 U.S.C.S. § 523(a)(2), as well as to deny the debtor's discharge under 11 U.S.C.S. § 727(a).
Ruling: 
Deficiency judgment was nondischargeable due to debtor's misrepresentations regarding free and clear ownership of collateral.
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Consumer case opionion summary, case decided on July 24,2012, LexisNexis #0812-118

Barkley v. West (In re West)

Debtor's mother, the holder of a $594,796 proof of claim (POC) based on debtor's promissory note, and a partnership that she controlled moved to dismiss plaintiff trustee's amended complaint against both as barred by the statutes of limitations in 11 U.S.C.S. § 546(a) and 11 U.S.C.S. § 549(d). They also challenged plaintiff's attempt to use 11 U.S.C.S. § 502 defensively to disallow the mother's POC and to recover payments already made thereon.
Ruling: 
Proceeding against debtor's mother, who held a promissory note, for disallowance of proof of claim and avoidance of payments already made was time barred.
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Consumer case opionion summary, case decided on June 05,2012, LexisNexis #0612-124

Shankle v. Shankle (In re Shankle)

Plaintiff creditor filed a complaint against chapter 7 debtor seeking to deny the dischargeability of certain marital obligations that were judicially established in a divorce decree pursuant to 11 U.S.C.S. § 523(a)(5), (a)(6), and (a)(15).
Ruling: 
Marital obligations were nondischargeable due to debtor's willful and malicious failure to comply with divorce decree.
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Consumer case opionion summary, case decided on March 30,2012, LexisNexis #0512-069

In re Weathers

A former employer filed a complaint asserting that a chapter 7 debtor assumed her obligations pursuant to an employment agreement and that her obligations under that agreement were not discharged. The employer sought summary judgment.
Ruling: 
Unscheduled employment agreement that contained a non-compete clause was deemed assumed and claim for postpetition breach was not discharged.
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Consumer case opionion summary, case decided on October 26,2011, LexisNexis #1211-008

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