Judge Lloyd

In re Purdy

Debtor filed a petition under chapter 12 of the Bankruptcy Code, and a bank that held a secured interest in dairy cows and farm products the debtor owned sought an order prohibiting the debtor's use of cash collateral and relief from the automatic stay. An LLC that provided cows to the debtor filed a motion to extend the time the debtor had to assume or reject unexpired leases. The court held a hearing on the motions.
Ruling: 
Bank's security interest in cows acquired prepetition and postpetition milk production was superior to later perfected interest of LLC.
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Consumer case opionion summary, case decided on March 01,2013, LexisNexis #0413-008

In re Oliver

In a chapter 13 bankruptcy case, the court issued an order sua sponte which required the debtor's counsel to appear and show cause why he should not be sanctioned for failure to properly represent the debtor. The court instructed the United States Trustee ("UST") to investigate allegations the debtor made against her attorney, instructed the debtor to obtain new counsel, and scheduled a second hearing pending receipt of the UST's report.
Ruling: 
Debtor's attorneys ordered to hire CPA to audit business as a result of seeking to pay filing fee in installments without debtor's authorization.
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Consumer case opionion summary, case decided on October 22,2012, LexisNexis #1112-036

In re Logsdon

A bank filed a motion to dismiss the debtors' chapter 13 case based on their failure to comply with the credit counseling requirements of 11 U.S.C.S. § 109(h).
Ruling: 
Credit counseling completed four days after petition date did not satisfy requirement absent waiver or exigent circumstances.
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Consumer case opionion summary, case decided on August 29,2012, LexisNexis #0912-071

In re Alexander

Applicant trustee asked the court per 11 U.S.C. § 327 and 11 U.S.C. § 328 to enter a nunc pro tunc order appointing counsel to represent debtor in an adversary proceeding against his wife. Both debtor and the wife objected to the application.
Ruling: 
Trustee's application to appoint counsel to represent debtor nunc pro tunc denied as failure to obtain prior approval amounted to neglect.
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Consumer case opionion summary, case decided on April 30,2012, LexisNexis #0512-073

Bridges v. Grange Mut. Cas. Co. (In re Bridges)

Defendants, a law firm and an insurer, sought dismissal of debtor's adversary complaint claiming a violation of the discharge injunction in 11 U.S.C.S. § 524 by defendants' reporting to the State of Tennessee that he had not satisfied a state court judgment finding him liable for damages resulting from his driving drunk, an offense to which he had pleaded guilty. At issue was whether that judgment had been discharged in debtor's chapter 7 case.
Ruling: 
Enforcement of state judgment for damages from drunk driving did not violate discharge injunction as the claim was nondischargeable.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #1211-050

In re USHC LLC

Chapter 11 debtor filed a motion pursuant to 11 U.S.C.S. § 327 and § 1107 to retain and employ attorneys nunc pro tunc.
Ruling: 
Request for payment of debtor's attorneys via monthly postpetition retainer denied as not warranted.
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Commercial case opionion summary, case decided on September 23,2011, LexisNexis #1011-071

Rennaker v. Pigg (In re Pigg)

Plaintiff, a Chapter 7 debtor's ex-wife, filed an adversary proceeding against defendant debtor, her ex-husband, seeking an order holding the debtor in contempt for violating an order entered by a state court and the bankruptcy court, and asked the court to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and (2). The debtor filed a motion to dismiss his ex-wife's complaint.
Ruling: 
Debtor's former spouse's motion for revocation of discharge denied as time-barred.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #1011-035

In re Alexander

Chapter 7 debtor filed pro se motions to compel the trustee to file an adversary proceeding against debtor's former bankruptcy attorney, to vacate an order of abandonment by the trustee of alleged malpractice claims against various counsel, to compel the U.S. Trustee's Office to provide debtor with a copy of a complaint review, and to appoint a new trustee.
Ruling: 
Motion to vacate order for abandonment of legal malpractice claims denied as untimely.
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Consumer case opionion summary, case decided on August 17,2011, LexisNexis #0911-030

K&D Energy v. KY USA Energy Inc. (In re KY USA Energy Inc.)

The Complaint of plaintiffs, including a party that had entered into a "farmout agreement" with defendant debtor, at its essence was a collection action. The matter was before the court on debtor's Motion for Partial Summary Judgment on Counts III and IV of the Complaint.
Ruling: 
Farmout assignments transferring and assigning oil and gas leases were not executory contracts.
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Commercial case opionion summary, case decided on February 22,2011, LexisNexis #0311-043

Heers v. Gibson Realty Inc. (In re Heers)

Plaintiff chapter 7 debtor filed a complaint against defendant realty company alleging conversion and a violation of 11 U.S.C.S. § 362 based upon the realty company's retention of the debtor's commission on the sale of certain property and the deduction of office expenses of another realtor. The debtor sought to recover her attorney's fees and costs and the sales commission.
Ruling: 
Realty company sanctioned for applying debtor agent's earned commission to outstanding expense account and office expenses in violation of stay.
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Consumer case opionion summary, case decided on August 31,2010, LexisNexis #0910-113

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