Northern District

In re Walls

Ruling: 
Issue of whether IRS secured nonpriority claim was discharged in prior case has to be resolved in an adversary proceeding as it went to eligibility.
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Consumer case opionion summary, case decided on July 09,2013, LexisNexis #0813-001

In re Taylor

Before the court was debtor's objection to proof of claim (the "Objection"), and the creditor's response thereto. Also before the court was the creditor's Notice of Mortgage Payment Change (the "First Payment Change") and debtor's objection thereto, as well as the creditor's Notice of Mortgage Payment Change (the "Second Payment Change"), and debtor's objection thereto. A hearing was held.
Ruling: 
Notice of payment change was not entitled to prima facie presumption of validity and disallowed where creditor did not meet necessary burden.
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Consumer case opionion summary, case decided on March 27,2013, LexisNexis #0413-105

In re Mantachie Apt. Homes LLC

Debtor LLCs filed separate petitions under chapter 11 of the Bankruptcy Code, and a bank that made loans that were secured by real property the debtors owned filed a motion seeking relief from the automatic stay under 11 U.S.C.S. § 362(d)(1), claiming that its interests in the debtors' properties were not being adequately protected. The court held a hearing on the bank's motions.
Ruling: 
Relief from stay granted to allow bank to complete foreclosure due to lack of adequate protection and debtor's misconduct.
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Commercial case opionion summary, case decided on March 12,2013, LexisNexis #0613-041

In re Moore

On consideration before the court was the determination of whether debtors' chapter 12 plan of reorganization should be confirmed. objections to confirmation were filed by two banks and the chapter 12 trustee.
Ruling: 
Confirmation denied due to lack of adequate, comprehensible liquidation analysis.
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Consumer case opionion summary, case decided on December 19,2012, LexisNexis #0113-031

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

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