Judge Lloyd

In re McKinley

The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to avoid a lien asserted on property by the debtor's former wife. Further the debtors objected to a claim asserted by the former wife in the proceedings.
Ruling: 
Lien of debtor's former spouse could be stripped where there was no equity in the subject property.
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Consumer case opionion summary, case decided on June 10,2009, LexisNexis #0709-087

Miller v. A&M Oil Co. (In re Smith Mining & Material LLC)

A debtor filed for relief under chapter 11 of the Bankruptcy Code. Plaintiff, a chapter 11 trustee, filed an action against defendant company, alleging that transfers made to the company were preferential and could be avoided and recovered under 11 U.S.C.S. §§§ 544, 547, 549, and 550. The court issued findings of fact and conclusions of law.
Ruling: 
Pre- and postpetition transfers by debtor to creditor fuel supplier avoided to extent not covered by new value defense.
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Commercial case opionion summary, case decided on May 19,2009, LexisNexis #0709-091

In re Stone

Applicant sought an interim award of $21,450 for attorneys' fees and $ 1,309 for expenses from March 1, 2008 to July 31, 2008. Applicant also sought court approval of fees which had accrued pre-petition through February 29, 2008 in the amount of $ 21,110. Objector, an interested party, submitted written objections in which applicant was claimed to have violated 11 U.S.C.S. § 329, Fed. R. Bankr. P. 2014(a) and Fed. R. Bankr. P. 2016(b).
Ruling: 
Application for interim attorneys' fees and expenses denied due to failure to disclose prepetition retainer and services.
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Consumer case opionion summary, case decided on March 03,2009, LexisNexis #0409-038

In re Elizabethtown Family Care Clinic LLC

Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.
Ruling: 
Landlord allowed administrative expsense claim for rent incurred after petition date.
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Commercial case opionion summary, case decided on December 18,2008, LexisNexis #0109-077

In re Reid

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an application for compensation, seeking $59,498 in fees and $1,787 in expenses, pursuant to 11 U.S.C.S. § 330. The debtor filed an objection to the application.
Ruling: 
Trustee's fee application approved with only minor reduction as justified by extensive work on behalf of noncooperative debtor.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-134

Miller v. Certified Constr. Co. of Kentucky LLC (In re Smith Mining & Material LLC)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant corporation seeking to recover preferential transfers, and default judgment was entered against the corporation based on the corporation's failure to respond. The corporation moved to reopen the case and set aside the default judgment.
Ruling: 
Corporation could not set aside default in adversary proceeding absent showing of excusable neglect.
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Commercial case opionion summary, case decided on September 12,2008, LexisNexis #0209-134

In re Adkins

A debtor objected to the proof of claim filed by a creditor's attorney in the Chapter 13 bankruptcy case.
Ruling: 
Creditor's attorney's claim for fees in state court action dismissed.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-071

Harrison v. Harrison (In re Harrison)

Plaintiff ex-wife filed a motion for summary judgment, pursuant to Fed. R. Bankr. P. 7056, in an adversary proceeding seeking a determination that defendant debtor's obligation to pay his ex-wife her share of the sale of marital property was nondischargeable, pursuant to 11 U.S.C.S. § 523(a)(15).
Ruling: 
Money owed to former spouse from sale of mobile home park incurred in connection with divorce decree was nondischargeable.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-046

Harrison v. United States Dept of Agriculture Rural Dev. (In re Harrison)

Plaintiff debtors filed for relief under chapter 7 of the United States Bankruptcy Code and received a discharge in bankruptcy. The debtors filed an action against defendant, the United States Department of Agriculture Rural Development (RD), claiming that a pre-petition setoff payment to their loan from RD was a preferential transfer that was subject to turnover under 11 U.S.C.S. §§ 522 and 547. The parties sought summary judgment.
Ruling: 
Prepetition setoff payment to U.S. Department of Agriculture Rural Development was not preferential.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-010

Houchens v. United States Dept of Agri. Dev.

Defendant, the United States Department of Agriculture, Rural Development (RD), filed a motion for summary judgment in plaintiff chapter 7 debtor's action, which sought, pursuant to 11 U.S.C.S. § 522 and § 547, a turnover of a federal income tax refund that had been offset by RD. The debtor filed a cross-motion for summary judgment.
Ruling: 
Department of Agriculture offset of tax refund was not preferential.
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Consumer case opionion summary, case decided on February 05,2008, LexisNexis #0308007

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