Judge Isgur

In re Harris

Debtors sought to impose fees against claimants for noncompliance with Fed. R. Bankr. P. 3001. Each attempt at fee shifting was incorporated into a claim objection.
Ruling: 
Fee shifts for non-compliance with amended Rule 3001 could not be applied retroactively.
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Consumer case opionion summary, case decided on June 05,2013, LexisNexis #0613-140

In re JMW Auto Sales

Pursuant to 11 U.S.C.S. § 330, petitioner counsel for the trustee in a chapter 7 case filed a third interim fee application. Respondent creditors opposed the application, and moved for removal of the trustee under 11 U.S.C.S. § 324. The bankruptcy court issued a show cause order to determine whether the trustee should remain as trustee and held a hearing on both motions.
Ruling: 
Trustee's counsel's third interim fee application approved as reasonable.
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Commercial case opionion summary, case decided on May 29,2013, LexisNexis #0613-074

Cantu v. Stone (In re Cantu)

In a case filed by debtors alleging malpractice, negligence, fraudulent misrepresentation, and other causes of action, defendant accountant filed a motion for summary judgment.
Ruling: 
Debtor in converted case lacked standing to bring action against accountant arising postpetition.
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Consumer case opionion summary, case decided on May 22,2013, LexisNexis #0613-134

In re IFS Fin. Corp.

An involuntary bankruptcy petition was filed against a corporation under chapter 7 of the Bankruptcy Code, and after the corporation failed to file an answer, the court issued an order for relief against the corporation in October 2002 and appointed an attorney to serve as chapter 7 trustee. The court issued an order which required the attorney to show cause why he should not be removed pursuant to 11 U.S.C.S. § 324.
Ruling: 
Trustee removed from serving in involuntary case, as well as all other cases, for billing family travel expenses to estate.
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Commercial case opionion summary, case decided on May 13,2013, LexisNexis #0613-034

In re CNC Payroll Inc.

Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and the court appointed a trustee to administer the debtor's bankruptcy case. The court issued an order requiring the trustee to show cause why he should not be removed from the debtor's case, pursuant to 11 U.S.C.S. § 324.
Ruling: 
Letters seeking to employ counsel for the estate seeming to favor trustee's firm were not clear and convincing evidence for trustee's removal.
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Commercial case opionion summary, case decided on May 01,2013, LexisNexis #0513-071

In re NC12 Inc.

Attorney for debtor, who represented the debtor before the debtor's case was converted from chapter 11, filed an amended and final application pursuant to 11 U.S.C.S. § 330 for compensation in the amount of $92,435.27.
Ruling: 
Application for debtor's preconversion attorneys' fees approved.
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Commercial case opionion summary, case decided on February 27,2013, LexisNexis #0313-076

In re Larson

A chapter 13 debtor objected to a proof of claim filed by an attorney who represented him in a proceeding to modify conservatorship of the minor children of the debtor and his ex-wife (modification proceeding). The attorney alleged that her debt was a domestic support obligation under 11 U.S.C.S. § 101(14A) and that it was a priority claim under 11 U.S.C.S. § 507(a)(1)(A) or (a)(1)(B).
Ruling: 
Claim for fees of debtor's attorneys in conservatorship proceeding was not a domestic support order but a general unsecured claim.
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Consumer case opionion summary, case decided on February 12,2013, LexisNexis #0313-012

Hill v. U.S. Bank (In re Perry)

Plaintiff, chapter 7 trustee, and defendant, creditor bank filed cross-motions for summary judgment. The issue was whether the trustee could avoid the creditor's interest in a mortgage lien and promissory note, that it held pursuant to an assignment recorded five months after the petition date.
Ruling: 
Trustee could not avoid mortgage and note of which it charged with inquiry notice.
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Consumer case opionion summary, case decided on February 08,2013, LexisNexis #0313-051

United D.C. Inc. v. ANWRI Pship (In re United D.C. Inc.)

Debtor filed this adversary action against its landlord and a creditor (landlord), seeking a declaratory judgment that it owned and could remove railroad track improvements from certain tracks on land it had leased from the landlord. The landlord filed a motion for summary judgment.
Ruling: 
Landlord holding claim for one year's rent due to rejection of lease had ownership of railroad tracks on property pursuant to default clause.
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Commercial case opionion summary, case decided on January 25,2013, LexisNexis #0213-075

In re Anloc LLC

A chapter 11 debtor objected to the allowance of claims of creditors, an individual and a trust, arising out of the creditors' efforts to obtain compensation for services performed in connection with the debtor's drilling operations.
Ruling: 
Claims based on agreement assuming future rights to oil and gas leases disallowed as assignment was void.
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Commercial case opionion summary, case decided on January 22,2013, LexisNexis #0213-054

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