Judge Lake

Schermerhorn v. CenturyTel Inc. (In re SkyPort Global Communs. Inc.)

Ruling: 
Creditors' attorneys properly sanctioned for filing state court case in violation of confirmation order.
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Commercial case opionion summary, case decided on March 26,2015, LexisNexis #0415-071

Nevada Prop. 1 LLC v. DAmico (In re DAmico)

Ruling: 
Discharge of gambling debts affirmed despite high probability of harm to casinos.
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Consumer case opionion summary, case decided on April 23,2014, LexisNexis #0514-054

Nevada Prop. 1 LLC v. DAmico (In re DAmico)

Ruling: 
Gambling debts to casinos properly held dischargeable.
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Consumer case opionion summary, case decided on April 23,2014, LexisNexis #0914-120

Sabre Techs. LP v. TSM Skyline Exhibits Inc.

Plaintiff lender brought an action in state court against defendants, two corporations and their common principal, alleging a breach of a promissory note and fraudulent transfers between the corporations. The action was removed to federal court after one corporation filed a bankruptcy petition, the lender moved to abstain and remand the case, and the remaining corporation and the principal moved to transfer the case to bankruptcy court.
Ruling: 
Action for fraudulent transfer and breach of promissory note involved core matters.
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Commercial case opionion summary, case decided on September 18,2008, LexisNexis #0109-094

Hoang v. Urban Purchasing LLC

Plaintiff former employees brought an action against defendants, two employer companies and their principals, alleging that defendants failed to pay overtime wages required by the Fair Labor Standards Act by improperly classifying the employees as independent contractors. One company filed a bankruptcy petition, and the remaining co-defendants moved to stay all proceedings pursuant to the automatic bankruptcy stay of 11 U.S.C.S. § 362(a)(1).
Ruling: 
Motion to stay Fair Labor Standards Act case against debtor's co-defendant denied absent direct connection or identity of interest.
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Commercial case opionion summary, case decided on May 08,2008, LexisNexis #0608-073

Marlin Leasing Corp. v. Hill (In re Burr Wolff LP)

Appellant sought review of an order of the bankruptcy court denying appellant's motion for relief from automatic stay and declaring that the proceeds of an errors and omissions liability insurance policy issued to the debtor were property of the bankruptcy estate under 11 U.S.C. § 541(a)(1) and (6).
Ruling: 
Bankruptcy court erred in holding insurance proceeds to be property of the estate where claim was contingent on outcome of litigation.
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Commercial case opionion summary, case decided on October 10,2007, LexisNexis #1107-011

Lauderdale v. Papadopoulos

Pro se appellant bankruptcy debtor, on behalf of herself and her two minor children, sought judicial review of a decision by the bankruptcy court granting summary judgment in favor of appellee guardian ad litem and denying dischargeability of a state court judgment against her. The state court judgment was the guardian's reasonable fee for representing the interests of the minor children in the debtor's divorce proceeding.
Ruling: 
Fees of guardian ad litem were in the nature of support and nondischargeable.
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Neely v. Smith (In re Neely)

The debtor appealed two interlocutory orders of the bankruptcy court. The first order denied his 11 U.S.C. § 706(a) motion to convert from a Chapter 7 to a Chapter 13 bankruptcy. The second order withdrew the first order, granted the motion to convert, and then immediately reconverted the debtor's case to a Chapter 7 case.
Ruling: 
Order denying conversion was revoked, and case was remanded for consideration of whether debtor bad faith existed since strong presumption in favor of conversion exists.
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