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Eastern District

In re HNRC Dissolution Co.

Applicant insurer filed an application for allowance of administrative expenses pursuant to 11 U.S.C. § 503. Objector purchaser of the former debtors'assets objected to the application.
Ruling: 
Administrative expense application was denied since applicant insurer filed application after plan confirmation.
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In re Montgomery

Respondent secured creditor objected to confirmation of petitioner debtors'proposed chapter 13 plan.
Ruling: 
Objection to confirmation was sustained since the "hanging paragraph"after section 1325(a)(9) prohibited bifurcation under section 506(a)(1) of the secured claim of a purchase-money moter vehicle creditor even where creditor failed to timely object.
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In re Crum

The chapter 7 matter was before the court on the Application for Allowance of Compensation and Reimbursement for Expenses (the "Final Application") filed by the trustee on behalf of her attorney. No objections to the Final Application were filed.
Ruling: 
Court reduced fee application after applying "lodestar" method to determine reasonable compensation of trustee.
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Brock v. Draper (In re Draper)

Plaintiff chapter 7 trustee sued defendant daughter, alleging that a transfer of the debtors'remainder interest in their home and real property for no consideration was a fraudulent conveyance. The trustee moved for summary judgment.
Ruling: 
Trustee was allowed to avoid transfer of debtors'remainder property interest to daughter since badges of fraud under state fraud law were present.
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Lexington Coal Co. LLC v. Miller Buckfire LEWIS Ying & Co. LLC (In re HNRC Dissolution Co.)

The bankruptcy court ordered the payment of certain administrative fees to appellee, an investment banker retained by debtors, pursuant to the banker's fee application. The fee application sought compensation in the amount of $9.35 million as well as reimbursement of expenses. The bankruptcy court approved the fee application with some adjustments. Appellants challenged the decision.
Ruling: 
Fee application of bankers were approved since a credit bid was contemplated as included in the fee calculation and thus did not warrant modifying the fee agreement.
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Goodman v. Parker (In re Parker)

Plaintiff attorney filed an action against defendant debtor seeking a permanent injunction against the debtor to stop the debtor from continuing to prosecute a state court legal malpractice action asserted against the attorney. In earlier proceedings, the court had issued a preliminary injunction to enjoin prosecution of the state court proceedings.
Ruling: 
Attorney was granted a permanent injunction to stop the debtor from continuing an action against the attorney since the cause of action was estate property and had been sold to the attorney's insurer.
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In re Waggoner

The matter was before the court on the trustee's motion to dismiss debtors'case, which stated that debtors were ineligible for bankruptcy relief by reason of 11 U.S.C. § 109(h).
Ruling: 
Debtors'case was dismissed since the debtors did not obtain credit counseling until a day after filing and did not demonstrate circumstances warranting waiver of the prepetition counseling requirement.
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United States v. Bastin (In re Bastin)

Plaintiff U.S. government filed an adversary complaint seeking to deny a discharge to defendant debtor pursuant to 11 U.S.C. § 727(a)(3) and (4). The government moved for summary judgment.
Ruling: 
Debtor was denied a discharge for not keeping adequate records, and the denial did not require finding of an intent to defraud.
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Berman v. Bill Fields Trucking (In re HNRC Dissolution Co.)

Plaintiff liquidating trustee filed preference actions against defendant, one of 38 similarly situated defendants. The trustee filed the preference actions after the statute of limitations had expired. The trustee subsequently moved for voluntary dismissal of the actions, which motion was granted. Defendant moved for sanctions pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Sanctions were not imposed against trustee who filed preference actions after statute of limitations period but withdrew them before sanctions motion was filed.
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