Southern District

In re Taylor

Secured creditor bank filed an objection to confirmation of a debtor's chapter 13 plan. The debtor, the bank, and the chapter 13 trustee filed a proposed Agreed Order in order to resolve the objection.
Ruling: 
Agreement to provide bank with contract rate, rather than Till rate, of interest approved.
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Consumer case opionion summary, case decided on October 19,2011, LexisNexis #1111-066

Edwards v. Huntington Ingalls Inc.

Following severance of his claims from another case, plaintiff employee, who had previously filed for chapter 13 bankruptcy, filed a complaint against defendant employer, alleging racial discrimination and harassment. Defendant moved for summary judgment based on judicial estoppel.
Ruling: 
Unscheduled employment discrimination claims were judicially estopped.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #0911-089

Soisson v. Hillebrandt (In re Hillebrandt)

Plaintiff judgment creditor filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that a judgment he obtained against the debtor in a Texas court was nondischargeable under 11 U.S.C.S. § 523(a)(4) and /or (a)(6). The case was tried to the court.
Ruling: 
State court judgment was dischargeable absent finding of business relationship or willful and malicious conduct.
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Consumer case opionion summary, case decided on June 15,2011, LexisNexis #0711-121

In re South White Transp. Inc.

A creditor of chapter 11 debtor filed a motion to amend the plan confirmation order and for relief from the automatic stay.
Ruling: 
Lien on debtor's sole asset did not survive plan confirmation.
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Commercial case opionion summary, case decided on June 07,2011, LexisNexis #0711-097

Lanier v. Futch (In re Futch)

Plaintiff creditor filed adversary proceedings against defendant Chapter 7 debtors, seeking a determination that the debtors owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The court awarded the creditor $1,948,801 and found that the debt was nondischargeable, and the debtors filed a motion to amend the court's judgment. The court ordered the debtors to show cause why their motion should not be stricken.
Ruling: 
Pro se debtor's "ghostwritten" motion to amend judgment stricken as product of unauthorized practice of law.
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Consumer case opionion summary, case decided on May 18,2011, LexisNexis #0611-120

In re Mims

A chapter 13 trustee filed a supplemental objection to confirmation of a debtor's plan on various grounds, including that the debtor's plan and case were not filed in good faith under 11 U.S.C.S. § 1325(a)(7). The trustee also sought dismissal of the debtor's case.
Ruling: 
Inadvertent inaccuracies in schedules were not grounds for denial of confirmation or dismissal.
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Consumer case opionion summary, case decided on May 06,2011, LexisNexis #0611-101

In re Green Hills Dev. Co. LLC

An alleged debtor filed a motion to dismiss petitioning creditor's involuntary Chapter 7 petition filed against it pursuant to 11 U.S.C.S. § 303. The creditor filed a motion for summary judgment.
Ruling: 
Involuntary petition dismissed where creditor did not show debtor was not paying debts as they came due or that its claim was not subject to bona fide dispute.
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Commercial case opionion summary, case decided on February 17,2011, LexisNexis #0311-036

In re Fish & Fisher Inc.

The court issued an order on August 18, 2010, which approved a Chapter 11 trustee's application seeking permission under 11 U.S.C.S. § 327 to hire an LLP to perform work as accountants, auditors, and tax consultants for the trustee. The United States Trustee ("UST") reviewed that order and filed a motion which asked the court to reconsider its order, and two individuals who held ownership interests in the debtor joined the UST's motion.
Ruling: 
Trustee's application to engage accounting firm that had sold its claim against debtor denied on reconsideration.
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Commercial case opionion summary, case decided on December 17,2010, LexisNexis #0111-073

Moyer v. Schloemer (In re Moyer)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant, his former spouse, seeking a judgment declaring that his former spouse was estopped from asserting that debts he owed under a divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The debtor's former spouse filed a motion for judgment on the pleadings or, in the alternative, for summary judgment.
Ruling: 
Debts under divorce decree were dischargeable where creditor spouse failed to meet burden of proof that debtor owed debts in question.
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Consumer case opionion summary, case decided on November 05,2010, LexisNexis #1210-069

Key Bank USA v. Lentz (In re Guess)

Plaintiff creditor filed a Complaint to establish the extent and validity of its right to certain settlement proceeds. The creditor asserted that it was entitled to all that remained of the settlement proceeds. Before the court was defendant Chapter 7 Trustee's motion for judgment on the pleadings, Fed. R. Bankr. P. 7012, or in the alternative, for summary judgment, Fed. R. Bankr. P. 7056. The motion was treated as one for summary judgment.
Ruling: 
Creditor not entitled to balance of settlement proceeds of cause of action that was property of the estate.
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Consumer case opionion summary, case decided on September 17,2010, LexisNexis #1010-140

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