Oct
19
2012
In re Lucas
Creditors, invoking 28 U.S.C.S. § 1404(a) and 28 U.S.C.S. § 1412, sought to transfer venue in debtor's chapter 11 case from the within district (District 1), which was the situs of debtor's residence and his current business ventures, to a different district (District 2), alleged to be the situs of most of debtor's creditors and of a dispute underlying movants' state court suit against debtor. Debtor opposed transfer on various grounds.
Ruling:
Venue transferred to district where most of creditors were located.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-139
Oct
19
2012
Hargest v. Horizon Auto. Group LLC (In re Hargest)
After chapter 13 debtor filed a complaint against car dealer for turnover, violation of the automatic stay, and damages, she was granted leave to file an amended complaint in order to add the owner of retail installment sales contracts (the creditor). She filed her amended complaint six days late, and the creditor filed motions to dismiss and to strike the amended complaint. The debtor moved for partial summary judgment.
Ruling:
Creditor violated stay by delaying in turning over repossessed vehicle.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-091
Sep
24
2012
In re Walker
Before the court was the chapter 13 Trustee's motion to dismiss, and debtor's motion to vacate the order confirming his plan.
Ruling:
Debtor's motion to vacate confirmation to amend plan and provide creditors with preferential payment granted.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1212-096
Sep
19
2012
In re Grayson
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a lender filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the lender's claim.
Ruling:
Claim disallowed where debtor did not receive reasonable value for debt incurred.
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Consumer case opionion summary, case decided on September 19,2012, LexisNexis #1212-078
Sep
04
2012
In re Original Designer Homes
An attorney filed an application for compensation. under 11 U.S.C.S. § 330. The chapter 11 debtor objected to the application.
Ruling:
Fee application of attorney who provided no benefit to the estate denied in full.
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Commercial case opionion summary, case decided on September 04,2012, LexisNexis #1012-072
Aug
30
2012
Collins. v. Sydow (In re NC12 Inc.)
After defendants, individuals alleged to have misappropriated assets of debtor, a Nevada corporation, removed the within case from state court, plaintiffs, who were shareholders in debtor who had sued defendants in state court for breach of fiduciary duty and similar claims, moved to remand to state court. Plaintiffs thus joined intervenors, who also were asserting such claims against defendants, in seeking to return the case to state court.
Ruling:
Intervenors' security fund claims for misappropriation of debtor's assets remanded to state court.
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Commercial case opionion summary, case decided on August 30,2012, LexisNexis #1212-098
Aug
28
2012
Joekel v. Ray (In re Ray)
Plaintiff creditors filed a complaint against defendant chapter 7 debtors objecting to their discharge pursuant to 11 U.S.C.S. § 727(a)(3).
Ruling:
Discharge denied due to debtor's destruction of documents.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #0912-092
Aug
27
2012
Guion v. Sims (In re Sims)
Plaintiff creditors filed a complaint against defendant chapter 7 debtor seeking a determination that a state court judgment against the debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6).
Ruling:
State court fraud judgment entered due to debtor's discovery abuse was "fully and fairly litigated" and nondischargeable.
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Consumer case opionion summary, case decided on August 27,2012, LexisNexis #0912-080
Aug
08
2012
South Tex. Funding Group L.P. v. Mortgage Fund 08 LLC (In re Loans LLC)
After plaintiff filed a state court action, one defendant, a chapter 11 debtor, removed that lawsuit to the bankruptcy court and filed a motion to transfer it to the Northern District of Texas. Plaintiff filed a motion to remand, arguing that the notice of removal was not timely under Fed. R. Bankr. P. 9027(a)(2).
Ruling:
Motion for removal was timely where stay was still in effect.
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Commercial case opionion summary, case decided on August 08,2012, LexisNexis #0812-140
Aug
03
2012
In re Bison Bldg. Holdings Inc.
Before the court was a creditor's motion to allow late filing of proof of claim (POC).
Ruling:
Late filing of proof of claim denied where creditor's failure to receive notice of bar date was due to its own failure to provide debtor with correct address and not excusable neglect.
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Commercial case opionion summary, case decided on August 03,2012, LexisNexis #0912-034