Judge Lynn

In re Talsma

The United States Trustee (UST) filed an objection to Chapter 11 debtors' application to employ an accounting firm.
Ruling: 
Accounting firm that represented debtor prepetition could be employed by chapter 11 debtor absent any other adverse interest.
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Consumer case opionion summary, case decided on September 17,2010, LexisNexis #1010-125

In re Texas Rangers Baseball Partners

The court posed questions pertinent to the confirmability of the prepackaged plan of reorganization of a chapter 11 debtor and invited interested parties to address those issues by briefs and at a hearing. The questions included whether under the plan either of the classes consisting of the Lenders or the equity owners were impaired within the meaning of 11 U.S.C.S. § 1124.
Ruling: 
Confirmation denied pending modification to protect impaired lenders.
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Commercial case opionion summary, case decided on June 22,2010, LexisNexis #0910-129

Chizk v. Ramon (In re Ramon)

Plaintiff judgment creditor filed an adversary proceedings against defendant chapter 7 debtors, seeking a determination that the debtors were not entitled to have their debts discharged under 11 U.S.C.S. § 727(a)(2)(A), (a)(3), and (a)(4)(A), and that a debt they owed the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The case was tried to the court.
Ruling: 
Loan debt was dischargeable absent evidence of fraud.
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Consumer case opionion summary, case decided on June 10,2010, LexisNexis #0810-116

McClure v. Bank of Am. (In re McClure)

Defendants, a creditor and a collection agency, filed motions for reconsideration of a decision that awarded plaintiff Chapter 7 debtors damages and attorneys' fees for violations by the creditor and the collection agency of the 11 U.S.C.S. § 524(a)(2) injunction, found the creditor and the collection agency jointly and severally liable, and imposed sanctions on the creditor and the collection agency.
Ruling: 
Award of attorneys' fees reduced and sanctions vacated on reconsideration of decision that creditor and collection agency violated discharge injunction.
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Consumer case opionion summary, case decided on May 06,2010, LexisNexis #0810-055

In re Vasquez

A bank filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d). The chapter 13 debtor objected on the grounds that the bank violated the automatic stay during the pendency of his first case. The bank admitted that it violated the automatic stay by recording a trustee's deed but contended that there was cause to validate its recordation of the trustee's deed retroactively and so cure the defect in its title.
Ruling: 
Retroactive relief from stay to validate trustee's deed recorded by bank in violation of stay in prior case denied.
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Consumer case opionion summary, case decided on March 03,2010, LexisNexis #0510-040

In re Brungardt

A chapter 13 debtor filed an objection to a proof of claim filed by a creditor on the grounds that the claim lacked supporting documentation, that the creditor's judgment lien did not attach to the debtor's accounts receivable, and that the claim should be disallowed as a secured claim but allowed as an unsecured claim.
Ruling: 
Security interest that was not properly perfected under state law did not give rise to secured claim.
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Consumer case opionion summary, case decided on February 16,2010, LexisNexis #0410-047

United States v. Ralph Owens Trucking Co. (In re Ralph Owens Trucking Co.)

Defendant, a trustee for a chapter 7 debtor, filed a motion to surcharge overpayments to the Internal Revenue Service (IRS) under 11 U.S.C.S. § 506(c) for the expenses he incurred in discovering those overpayments.
Ruling: 
Trustee not entitled to recover expenses of discovering federal tax overpayments from the IRS.
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Commercial case opionion summary, case decided on January 27,2010, LexisNexis #0310-067

In re Pilgrims Pride Corp.

Before the court was the debtors' amended joint plan of reorganization under chapter 11. Numerous parties objected to language in Articles VIII and X of the plan which purported to protect certain third parties against claims and causes of action arising from claims against them that arose prior to or during the pendency of the chapter 11 cases.
Ruling: 
Plan ordered modified to exclude protections for third parties but retain the court's jurisdiction over suits against those third parties which would have been covered by the plan's third-party protections.
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Commercial case opionion summary, case decided on January 14,2010, LexisNexis #0210-057

In re Dortch

A creditor secured by bankruptcy debtors' vehicle filed a proof of claim asserting a secured claim and, after the debtors' plan was confirmed and the creditor sold the vehicle, the creditor filed an amended proof of claim as an unsecured claim for the deficiency remaining after the sale. The bankruptcy trustee objected to allowance of the creditor's amended proof of claim.
Ruling: 
Claim treated as fully secured could not be amended to claim unsecured deficiency once plan had been confirmed and collateral sold.
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Consumer case opionion summary, case decided on December 01,2009, LexisNexis #1209-116

McClure v. Bank of America

Plaintiff chapter 7 debtors filed an adversary proceeding against defendants, a bank, a collection agency, and an individual who was employed by the collection agency, alleging that defendants willfully and intentionally violated the discharge injunction that was imposed, pursuant to 11 U.S.C.S. § 524(a)(2), when the court discharged debts the debtors owed. The case was tried to the court.
Ruling: 
Damages awarded for violation of discharge injunction by bank and collection agency.
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Consumer case opionion summary, case decided on November 23,2009, LexisNexis #0410-125

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