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Bavelis v. Doukas (In re Bavelis)

Ruling
Defense that note was subject to rescission due to fraudulent inducement was a core proceeding.
Issue(s)
Did the bankruptcy court lack constitutional authority to enter judgment on debtor's right of rescission of a bank's stock sale to him?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 26, 2014 , LexisNexis #1214-138

Grant Konvalinka & Harrison PC v Still (In re McKenzie)

Ruling
Creditor required to establish validity of security interest in collateral when seeking relief from stay and trustee could use avoidance powers to defeat relief from stay after two year limitations period.
Issue(s)
Which party bears the burden of establishing the validity of a creditor's security interest in the debtor's property and may a trustee use his hypothetical lien-creditor status and avoidance powers to oppose a motion for relief from the automatic stay after the expiration of the two-year statutory limitation on avoidance actions.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 17, 2013 , LexisNexis #0114-007

Lowenbraun v. Canary (In re Lowenbraun)

Ruling
Bankruptcy court properly refused to abstain from hearing debtor's state slander action against attorneys hired to investigate debtor's alleged fraudulent transfers.
Procedural posture

Appellant wife sued appellees, an attorney and a law firm, alleging claims for libel, slander, abuse of process, wrongful use of civil proceedings, and outrageous conduct. The bankruptcy court denied the wife's motion to remand to state court and found that appellees were entitled to absolute immunity or summary judgment. The District Court for the Western District of Kentucky affirmed. The wife appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 06, 2006 , LexisNexis #0906-070