Judge Shapero

In re Greater Middle Missionary Baptist Church

Following a ruling confirming that no stay was in effect and discharging lis pendens recorded by a chapter 11 debtor, a creditor filed a motion for sanctions under 28 U.S.C.S. § 1927.
Ruling: 
Attorneys' filing of chapter 11 case without detailed independent investigation was not vexatious and not grounds for sanctions.
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Commercial case opionion summary, case decided on December 13,2011, LexisNexis #0212-102

In re Kehl

The United States trustee filed a motion to dismiss chapter 7 debtors' petition pursuant to 11 U.S.C.S. § 707(b)(3), asserting that, even with no reduction in debtors' current standard of living, debtors had the ability to make a significant repayment to their unsecured creditors.
Ruling: 
Case dismissed where debtors had ability to make significant payments to unsecured creditors.
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Consumer case opionion summary, case decided on December 07,2011, LexisNexis #0112-090

In re Mobley

The trustee objected to confirmation of a debtor's proposed capter 13 plan. The issue was whether the $20,000 proceeds from a personal injury lawsuit, an asset she received pre- petition and fully exempted, constituted disposable income available to fund her chapter 13 plan pursuant to 11 U.S.C.S. § 1325(b)(1) and (2). The trustee also raised an objection based on bad faith pursuant to 11 U.S.C.S. § 1325(a)(3) and (7).
Ruling: 
Prepetition personal injury lawsuit proceeds did not constitute disposable income for purposes of funding chapter 13 plan.
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Consumer case opionion summary, case decided on December 01,2011, LexisNexis #1211-135

In re Juliao

A bankruptcy debtor and his non-debtor spouse were codebtors on mortgage debts to a creditor, and the debtor and the spouse asserted that the creditor improperly reported late payments by the spouse to credit reporting agencies. The debtor and the spouse moved for damages for the creditor's violation of the codebtor stay of 11 U.S.C.S. § 1301, and the debtor's counsel applied for an award of attorney fees.
Ruling: 
Reporting late payments by non-debtor spouse to credit agencies did not violate co-debtor stay.
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Consumer case opionion summary, case decided on November 30,2011, LexisNexis #1211-132

In re Palmieri

A chapter 13 debtor filed a motion for sanctions for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k), alleging that his former spouse violated § 362(a)(1) and (3) and arguing that § 362(b)(2)(A)(ii) did not except the filing from the automatic stay.
Ruling: 
Postpetition motion for spousal support filed in state court was excepted from stay.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #0212-074

In re Paquette

This matter was before the court on a mortgage creditor's Objection to Confirmation of Debtors' proposed Chapter 13 plan.
Ruling: 
Objection to confirmation of plan including 180-day limit to amend deficiency claims overruled.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #1211-059

In re Christian Love Fellowship Ministries Inc.

A creditor objected to a chapter 11 debtor's combined plan and disclosure statement on the ground that its claim was improperly separately classified from the other unsecured claims under 11 U.S.C.S. § 1122.
Ruling: 
Unsecured deficiency claim improperly classified separately from other unsecured claims in plan.
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Commercial case opionion summary, case decided on November 09,2011, LexisNexis #1211-022

In re Maxx Towing Inc.

The United States Trustee (UST) filed an objection to confirmation of the chapter 11 small business debtor's plan, because the 45 day deadline set under 11 U.S.C.S. § 1129(e) for confirmation in small business cases had passed.
Ruling: 
Objection to confirmation of small business debtor's plan as filed outside of 45-day deadline overruled where judicial economy favored avoiding refiling process.
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Commercial case opionion summary, case decided on July 27,2011, LexisNexis #0811-129

In re Langley

Chapter 7 trustee filed a motion to revoke abandonment of real property under Fed. R. Civ. P. 60(b), incorporated by Fed. R. Bankr. P. 9024, and to allow the sale of the property free of any interest.
Ruling: 
Trustee who failed to object to motion for abandonment of property could not seek revocation.
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Consumer case opionion summary, case decided on March 07,2011, LexisNexis #0311-137

Charlick v. Community Credit Union (In re Charlick)

Plaintiff Chapter 13 debtors filed a post-confirmation complaint against defendant junior lienholder seeking a ruling that a senior mortgagee's claim exceeded the value of their residence and thus, that they could "strip" the junior lien. The debtors also filed a related plan modification, seeking to effectuate the lien strip. Both parties filed motions for summary judgment.
Ruling: 
Debtor could not seek to strip prior junior lien via postconfirmation plan modification.
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Consumer case opionion summary, case decided on March 04,2011, LexisNexis #0311-136

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