Judge Lloyd

In re Seven Counties Servs.

A chapter 11 debtor-in-possession filed a motion for nunc pro tunc authority to employ and compensate a public relations firm pursuant to 11 U.S.C.S. § 1108 and to issue payment for reimbursable expenses incurred pre-petition. Both the Kentucky Employers Retirement Systems (KERS) and Kentucky Retirement Systems (KRS) objected, arguing that 11 U.S.C.S. § 327 applied and that the firm could not be employed because it was not a disinterested person.
Ruling: 
Nunc pro tunc employment of public relations firm approved as work did not fall under bankruptcy code.
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Commercial case opionion summary, case decided on July 15,2013, LexisNexis #0813-039

Johnson v. Jones (In re Jones)

Pursuant to 11 U.S.C.S. § 522, chapter 7 trustee filed an adversary proceeding against defendants, husband and wife debtors, two creditors, a bank and a financial services corporation, and a county, seeking to avoid a lien by the bank and seeking a declaration that the debtors' homestead exemption was subordinate to the position of the trustee. The bank moved for partial summary judgment.
Ruling: 
Debtor not entitled to homestead exemption if lien was avoided as lien would be preserved by the trustee for the estate.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-085

Leasure v. Norrthcutt (In re Mammoth Res. Partners)

Bankruptcy trustee brought an adversary proceeding against defendant principal of a bankruptcy debtor seeking to avoid an unrecorded assignment of oil and gas interests from the debtor to the principal. The trustee and the principal cross-moved for summary judgment.
Ruling: 
Trustee could avoid unrecorded assignment of oil and gas interests.
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Commercial case opionion summary, case decided on May 03,2013, LexisNexis #0513-126

Johnson v. Williams (In re Williams)

Chapter 7 trustee filed a motion for summary judgment seeking an order declaring that defendant bank's mortgage was void as a matter of law and that the trustee could administer the real property for the benefit of the debtor's estate. The bank filed a cross-motion for summary judgment, seeking a determination that its mortgage interest survived the debtor's first chapter 7 case and that it could pursue an in rem foreclosure action.
Ruling: 
Bank could foreclose in rem on mortgage not avoided in debtor's prior chapter 7 case.
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Consumer case opionion summary, case decided on April 01,2013, LexisNexis #0413-128

In re Dyer

Chapter 13 debtors appealed from an order of the United States Bankruptcy Court for the Southern District of Ohio, that denied confirmation of the debtors' plan, dismissed the debtors' case, and ordered disgorgement of the debtors' counsel's fees.
Ruling: 
Bankruptcy court abused discretion in dismissing case and ordering disgorgement of fees based on alleged termination of stay.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0413-004

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

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