Judge Clark

In re Deluna

Chapter 13 debtors filed a plan that allowed them to keep making car lease payments outside the plan for one of their vehicles, as a long term debt, pursuant to 11 U.S.C.S. § 1322(b)(5). The portion of the plan payment attributable to the remaining debt on that vehicle was only $59 a month.
Ruling: 
Debtor could make car lease payments outside plan as long term debt.
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Consumer case opionion summary, case decided on October 02,2012, LexisNexis #1012-138

In re Superior Tomato-Avocado Ltd.

Debtor produce company filed a petition under chapter 11 of the Bankruptcy Code, and the court appointed a special counsel to resolve claims filed under the trust provisions of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C.S. § 499a et seq. A creditor that sold produce to the debtor before the debtor declared bankruptcy filed a claim against the debtor's bankruptcy estate, and the special counsel filed an objection to the claim.
Ruling: 
Creditor's substantial compliance with Perishable Agricultural Commodities Act requirements was sufficient to allow claim.
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Commercial case opionion summary, case decided on September 24,2012, LexisNexis #1012-133

In re AGE Ref. Inc.

The court entered an Order approving the chapter 11 Trustee's fifth and final fee application. The U.S. Trustee (UST) noted that it had filed an objection to that fee application, and said objection was not considered by the court. The court invited the UST to file a motion for reconsideration, to give the court the chance to review the objection. The UST moved the court to reconsider its Order approving the fifth and final fee application.
Ruling: 
Trustee's fee request adjusted to reflect reduced rate for services rendered between plan effective date and trustee's actual discharge.
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Commercial case opionion summary, case decided on August 13,2012, LexisNexis #0912-004

In re Age Ref. Inc.

Chapter 11 trustee filed a motion for allowance of a fee enhancement. The United States Trustee and a creditor objected.
Ruling: 
Trustee's fee enhancement denied where fees already paid were more than reasonable.
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Commercial case opionion summary, case decided on July 13,2012, LexisNexis #0812-037

In re Scott-Hood

Debtor filed a motion to reconsider or vacate the court's order confirming termination of the automatic stay in her chapter 13 case. Debtor's motion sought a determination that the stay remained in full force and effect with respect to the real property at issue under the terms of 11 U.S.C.S. § 362(c)(3)(A), because such property was property of the estate, not property of the debtor.
Ruling: 
Order terminating stay as to debtor's real property reversed on reconsideration.
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Consumer case opionion summary, case decided on June 18,2012, LexisNexis #0712-076

In re Kamayan Holdings LLC

Before the court for consideration of confirmation was debtor's plan of reorganization. Debtor's secured creditor objected to the plan.
Ruling: 
Plan confirmed over objection where rate paid to creditor exceeded discount cramdown rate and end value would exceed value of creditor's claim.
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Commercial case opionion summary, case decided on May 23,2012, LexisNexis #0612-063

Viegelahn v. Amegy Mortg. Co. LLC (In re Colvin)

Trustee brought an adversary proceeding against mortgage creditor of a chapter 12 bankruptcy debtor-in-possession seeking to avoid the creditor's lien. The creditor moved to dismiss the complaint based on lack of standing.
Ruling: 
Chapter 12 trustee lacked authority to pursue avoidance of creditor's lien.
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Consumer case opionion summary, case decided on May 22,2012, LexisNexis #0612-065

In re Sanders

Debtors filed a motion for contempt against a creditor after the creditor repossessed one of debtors' vehicles post-discharge, despite the fact that debtors had always been (prior to and throughout the course of their chapter 13 bankruptcy) current in their car payments.
Ruling: 
Creditor acted within rights by repossessing vehicle post-discharge pursuant to ipso facto clause of contract where debtor has rescinded a reaffirmation agreement.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0312-113

In re Vazquez

A chapter 7 debtor claimed legal title to and an exemption in certain real property. The Trustee objected on the ground that the property had been transferred to a trust.
Ruling: 
Property held in debtor's self-settled trust was property of the estate and could be exempted.
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Consumer case opionion summary, case decided on February 23,2012, LexisNexis #0312-129

OBrien v. Hartnett (In re Hartnett)

After creditors brought a successful nondischargeability action against defendant debtor, the debtor filed a notice of appeal. The creditors filed a motion to dismiss the appeal on the grounds that it was not timely. The debtor sought an extension of the filing time based on excusable neglect pursuant to Fed. R. Bankr. P. 8002(c).
Ruling: 
Extension of time to appeal granted where debtor's attorneys' confusion regarding order date was excusable neglect.
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Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0312-035

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