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Moore, In re

Ruling
Counsel disqualified from representing trustee for conflict of interest. (Bankr. E.D. Mich.)
Issue(s)
Employment of Professional Persons; Conflict of Interest.

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Consumer opinion summary, case decided on July 14, 2017 , LexisNexis #1117-062

Couch, In re--Panther Petro., LLC v. Couch

Ruling
Bankruptcy court did not err in granting summary judgment to the creditors based onapplication of collateral estoppel of a state court judgment. (B.A.P. 6th Cir.)
Issue(s)
Exceptions to Discharge.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 02, 2017 , LexisNexis #0317-012

In re Jones

Ruling
Case ordered converted or dismissed where debtor could pay a portion of all unsecured debtsif student loan payments were reallocated in a chapter 13 plan. (Bankr. E.D. Mich.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on August 24, 2016 , LexisNexis #1116-091

In re Benton

Ruling
Failure of debtors to sign petition was not grounds for voluntary dismissal.
Issue(s)
Could debtors voluntarily dismiss their case as invalid due to their failure to sign the original petition?

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Consumer opinion summary, case decided on February 12, 2016 , LexisNexis #0316-084

In re Davis

Ruling
Discharge denied where debtor had received a discharge in a prior case within four years, despite lack of timely objection.
Issue(s)
Was debtor barred from receiving a discharge within four years of a prior discharge where no timely objection to discharge had been filed?

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Consumer opinion summary, case decided on May 29, 2015 , LexisNexis #1115-033

In re Community Mem. Hosp.

Ruling
Not-for-profit debtor's objection to priority administrative status of employment insurance agency's claim for reimbursement sustained.
Procedural posture

Chapter 11 debtor, which was a not-for-profit organization that qualified for unemployment insurance reimbursement privileges, objected to the allowance of two claims filed in the case by a state unemployment insurance agency for reimbursement of monies paid by the agency to former employees of the debtor. The debtor did not object to the amount of the claims, but objected to the priority status and administrative claim status of each.

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Commercial opinion summary, case decided on May 21, 2013 , LexisNexis #0613-122

In re Richfield Equities, LLC

Ruling
Conversion of case from chapter 11 to chapter 7 did not reset date for filing an administrativeexpense claim. (Bankr. E.D. Mich.)
Issue(s)
Could creditor file an administrative expense claim after expiration of the original deadline where the case had subsequently been converted to chapter 7?

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Commercial opinion summary, case decided on January 15, 2013 , LexisNexis #0916-117

In re Moohaven Dairy LLC

Ruling
Bank awarded partial attorneys' fees for defending motion to set aside judgment filed by attorney who was denied permission to represent debtor.
Procedural posture

Debtor LLC, a dairy, filed a petition under chapter 11, and an attorney asked the court for permission to act as the debtor's counsel. Although the court denied the attorney's application, the attorney filed a motion in the Sanilac County Circuit Court, Michigan, which asked the court to set aside a judgment it entered against the debtor. A bank asked the court to hold the attorney in contempt.

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Commercial opinion summary, case decided on November 28, 2011 , LexisNexis #0112-073

In re Frederick

Ruling
Debtor was ineligible under chapter 13 due to excessive debt owed to SEC.
Procedural posture

A debtor sought protection under chapter 13 of the U.S. Bankruptcy Code. A creditor, the Securities and Exchange Commission (SEC) disputed his eligibility to be a chapter 13 debtor because the amount owed to it was $956,448.99, consisting of $463,491.13 for disgorgement, prejudgment interest of $29,466.73, and a civil penalty of $463,491.13.

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Consumer opinion summary, case decided on November 14, 2011 , LexisNexis #0112-001