Judge Tucker

In Ralph Roberts Realty LLC

The jointly administered chapter 11 debtors sought confirmation of their third amended plan. Objections to confirmation were made by the official committee of unsecured creditors (the committee) and by a group of unsecured creditors (the 2007 creditors).
Ruling: 
Confirmation of third amended plan denied due to clear violation of absolute priority rule.
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Commercial case opionion summary, case decided on October 19,2012, LexisNexis #1112-098

In re Connolly N. Am.

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and an Argentine corporation that held approximately 50 percent of nonpriority unsecured claims that were filed against the debtor's bankruptcy estate filed a motion seeking payment of administrative expenses under 11 U.S.C.S. § 503. The United States Trustee opposed the motion.
Ruling: 
Creditor that made substantial contribution to chapter 7 case could not recover fees and costs.
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Commercial case opionion summary, case decided on September 17,2012, LexisNexis #1212-104

In re Demeter

Joint debtors each claimed a homestead exemption in their second residential real property as a "residence," pursuant to 11 U.S.C.S. § 522(d)(1). The chapter 7 trustee objected, arguing that the property did not qualify as property that the debtor or a dependent of the debtor uses as a residence, within the meaning of § 522(d)(1), because the property claimed was not the debtors' principal residence.
Ruling: 
Debtors could claim homestead exemption in second residence.
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Consumer case opionion summary, case decided on August 31,2012, LexisNexis #1012-083

In re Holland

A chapter 7 trustee filed an objection to the debtors' second amended claims of exemption in real property under 11 U.S.C.S. § 522(d)(1). At issue was whether, as of the date on which the debtors filed their chapter 7 case, they used the property at issue as a residence.
Ruling: 
Amended claim of exemption in real property denied as debtors did not use the property as a residence on petition date.
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Consumer case opionion summary, case decided on July 09,2012, LexisNexis #0812-048

Lim v. Storozhenko (In re Storozhenko)

Chapter 7 trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2), (a)(3), and (a)(4)(A) to have her debts discharged. The case was tried to the court.
Ruling: 
Discharge denied due to inability to explain spending of large portion of personal injury judgment proceeds.
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Consumer case opionion summary, case decided on July 06,2012, LexisNexis #0912-060

Holley v. Kresch Oliver PLLC (In re Holley)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, a PLLC and an individual, claiming that defendants violated the injunction that was issued pursuant to 11 U.S.C.S. § 524(a)(2) when his debts were discharged. The court granted a default judgment in favor of the debtor and against defendants on the issue of liability, and ordered the parties to provide information which addressed damages the debtor incurred.
Ruling: 
Bankruptcy court lacked authority to award punitive damages for violation of discharge injunction.
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Consumer case opionion summary, case decided on June 01,2012, LexisNexis #0912-086

In re Mehlhose

A creditor of chapter 13 debtors filed a motion to dismiss the debtors' case for cause under 11 U.S.C.S. § 1307(c), for a filing bar, and for sanctions.
Ruling: 
Debtor's third case dismissed as it was filed under chapter 7 without legitimate bankruptcy purpose prior to conversion to chapter 13.
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Consumer case opionion summary, case decided on March 22,2012, LexisNexis #0412-098

Basquin v. Stasson (In re Stasson)

Plaintiffs, the Michigan Attorney Grievance Commission and a complainant, filed separate adversary proceedings against defendant, an attorney who declared chapter 7 bankruptcy, seeking a determination that an order issued by the Michigan Attorney Discipline Board created debts that were nondischargeable under 11 U.S.C.S. § 523(a)(7). The court consolidated the cases, and the Commission and the attorney filed cross-motions for summary judgment.
Ruling: 
Restitution to debtor attorney's client ordered by state discipline board was not payable to or for the benefit of a governmental unit and was dischargeable.
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Consumer case opionion summary, case decided on March 09,2012, LexisNexis #0412-053

Shapiro v. Harajli (In re Harajli)

Chapter 7 trustee filed an adversary proceeding against a chapter 7 debtor's ex-wife, seeking an order under 11 U.S.C.S. § 542 which required the debtor's ex-wife to turn over one- half of $238,000 in cash advances she received from a bank on a line of credit the debtor and his ex-wife obtained before the debtor declared bankruptcy. The parties filed cross-motions for summary judgment.
Ruling: 
Estate did not have legal or equitable interest in funds drawn postpetition by debtor's former spouse on pre-divorce joint credit line.
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Consumer case opionion summary, case decided on January 27,2012, LexisNexis #0212-088

In re BWP Transp. Inc.

Debtor's proposed plan of reorganization was before the court for confirmation. Debtor's largest creditor (the "objector"), which was also a secured creditor, objected to confirmation on numerous grounds.
Ruling: 
Solvent debtor's plan could not be confirmed on cramdown basis where objecting creditor would not be paid in full.
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Commercial case opionion summary, case decided on December 23,2011, LexisNexis #0112-095

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