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McGee v. McGee (In re McGee)

Ruling
BAPCPA eight year filing bar was not impermissibly retroactive as applied to 2007 case.
Procedural posture

The U.S. Trustee filed a complaint objecting to debtors' second chapter 7 discharge, asserting that the eight year time period in 11 U.S.C.S. § 727(a)(8) precluded them from obtaining the discharge. The trustee sought summary judgment.

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Consumer opinion summary, case decided on June 10, 2008 , LexisNexis #0808-021

In re Winterville Marine Servs.

Ruling
Trustee could hire counsel that had represented parties with claims against debtor where there was no interest adverse to estate.
Procedural posture

A corporate debtor filed a petition under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an application to hire counsel to assist him in prosecuting an adversary proceeding he filed, and after the court denied the trustee's application because it was filed under 11 U.S.C.S. § 327(e), the trustee filed a First Amended Application under 11 U.S.C.S. § 327(a).

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Commercial opinion summary, case decided on April 16, 2008 , LexisNexis #0508-132

In re Winterville Marine Servs.

Ruling
Trustee could retain counsel for action on insurance claim that had filed a claim against debtor subject to provision of appropriate waivers.
Procedural posture

A corporate debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an application to hire counsel to assist him in prosecuting an adversary proceeding he filed, and after the court denied the trustee's application because it was filed under 11 U.S.C.S. § 327(e), the trustee filed a First Amended Application under 11 U.S.C.S. § 327(a).

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Commercial opinion summary, case decided on April 16, 2008 , LexisNexis #0508-026

In re White

Ruling
Debtor not required to list recipient of domestic support order that had not matured prepetition in initial schedules.
Procedural posture

The court issued a show cause order as to why sanctions or other relief should not be imposed for the failure of the debtor's attorney to comply with a corrected deficiency notice concerning a monthly domestic support obligation (DSO) expense in the amount of $ 650 per month that debtor disclosed on Schedule J.

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Consumer opinion summary, case decided on March 07, 2008 , LexisNexis #0408-124

United States Trustee v. Williams (In re Williams)

Ruling
Debtor could not be denied discharge for noncompliance with instructions from chapter 7 trustee where conversation was subject to two valid interpretations.
Procedural posture

Plaintiff United States Trustee filed a complaint against defendant debtor alleging that the debtor should be denied a discharge pursuant to 11 U.S.C. § 727(a)(2) based on her failure to comply with instructions from the chapter 7 trustee.

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Consumer opinion summary, case decided on August 30, 2007 , LexisNexis #0108-029