Judge Hughes

Meoli v. Huntington Natl Bank (In re Teleservices Group Inc.)

Plaintiff trustee sued defendant bank to recover more than $72 million dollars in transfers the bank received either directly from the debtor or indirectly through a related company. The trustee moved for summary judgment.
Ruling: 
Transfers to bank intended to defraud equipment finance creditor avoided as fraudulent.
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Commercial case opionion summary, case decided on March 30,2012, LexisNexis #0512-070

Meoli v. Huntington Natl Bank (In re Teleservices Group Inc.)

Defendant bank requested that the automatic stay, 11 U.S.C.S. § 362, be enforced with respect to litigation that a creditor of debtor had commenced against it in federal district court.
Ruling: 
Automatic stay barred creditor's district court action that was comparable to trustee's avoidance proceeding.
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Commercial case opionion summary, case decided on January 18,2012, LexisNexis #0612-040

In re Long

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and the court confirmed a plan the debtors proposed for paying debts they owed. The debtors failed to make payments they were required to make under their plan, and a mortgage company asked the court for an order under 11 U.S.C.S. § 362(d)(1) which granted relief from the automatic stay so it could foreclose on the debtors' home. The debtors opposed the mortgage company's motion.
Ruling: 
Relief from stay to foreclose granted where debtors failed to make payments called for under plan.
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Consumer case opionion summary, case decided on July 14,2011, LexisNexis #0811-077

Meoli v. Huntington Natl Bank (In re Teleservices Group Inc.)

Chapter 7 trustee filed an action against defendant, a creditor bank, to recover fraudulent transfers the bank allegedly received either directly from the debtor or indirectly through a related company. The bank asserted its good faith under both 11 U.S.C.S. §§ 548(c) and 550(b)(1).
Ruling: 
Good faith defense to avoidance failed where transferee bank did not conduct itself appropriately.
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Commercial case opionion summary, case decided on March 17,2011, LexisNexis #0411-102

In re Cyberco Holdings Inc.

Following avoidance actions filed by trustees against a creditor of two chapter 7 debtors that were related because of common ownership, the creditor filed separate motions to substantively consolidate the chapter 7 cases.
Ruling: 
Creditor lacked standing to seek consolidation under §542 of cases of debtors with common ownership.
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Commercial case opionion summary, case decided on July 02,2010, LexisNexis #1010-035

In re Hight

A debtor filed a bankruptcy petition before filing a state income tax return for the prior calendar year, and the debtor did not file the return until shortly before the date the return was required to be filed. The State of Michigan objected to the debtor's filing of a proof of claim on the State's behalf for the income taxes due on the return.
Ruling: 
State's objection to debtor's filing of proof of claim for state income tax on the state's behalf overruled.
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Consumer case opionion summary, case decided on March 24,2010, LexisNexis #0610-082

In re Trudell

Debtors filed a petition under chapter 7, and a trustee was appointed to administer their bankruptcy estate. The trustee filed an objection to the debtors' claim that they were entitled under 11 U.S.C.S. § 522(d)(5) to exempt federal and state tax refunds they received for 2008 from property that was included in their bankruptcy estate.
Ruling: 
Tax refunds not expected at time debtors completed schedules were exempt but attorney would be considered for possible sanctions.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0510-014

In re Fleming

The trustee filed a motion under 11 U.S.C.S. § 542 to recover from debtor tax refunds and other amounts that had become the estate's property upon the commencement of their chapter 7 case.
Ruling: 
Three-year delay barred trustee from seeking turnover of tax refund for which no return was filed.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0510-032

In re Sturgis Iron & Metal Co.

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the servicing agent for a statutory trust that leased a vehicle shredder to the debtor filed an administrative claim seeking payment of rent and taxes on the shredder. A committee of unsecured creditors filed an objection to the agent's claim.
Ruling: 
Servicing agent for statutory trust that leased vehicle shredder to debtor could recover two postpetition, prerejection lease payments as administrative claims but any unbilled taxes would have to be included in claim for rejection damages.
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Commercial case opionion summary, case decided on September 30,2009, LexisNexis #1209-080

In re Smith

The debtors filed for relief under chapter 13 of the United States Bankruptcy Code and the debtors submitted a proposed plan. A chapter 13 trustee objected to confirmation, in part, because the trustee contended that the plan should be for five years and not three years.
Ruling: 
Three year commitment period applied where daughter and grandchild resided with debtors.
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Consumer case opionion summary, case decided on October 15,2008, LexisNexis #0109-061

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