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Western District

In re SI Grand Traverse LLC

The court conducted an evidentiary hearing regarding the chapter 11 debtor's second cash collateral motion, together with the closely-related motions of its largest secured creditor to lift the automatic stay, and the U.S. Trustee to dismiss or convert the case.
Ruling: 
Cash collateral motion denied due to lack of adequate protection and appointment of chapter 11 trustee ordered.
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Commercial case opionion summary, case decided on May 31,2011, LexisNexis #0711-079

In re Carouthers

In this Chapter 13 case involving an already confirmed plan, a creditor filed a motion for relief from stay, arguing that it had a lien on a vehicle owned by the debtors that was enforceable.
Ruling: 
Creditor who had notice of plan and did not object to or appeal confirmation was barred from asserting lien.
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Consumer case opionion summary, case decided on May 27,2011, LexisNexis #0711-062

Lefkowitz v. Michigan Trucking LLC (In re Gainey Corp.)

Plaintiff liquidation trustee filed a complaint against defendant, the buyer of substantially all of the debtors' assets, seeking to recover damages, or for a declaratory judgment that the buyer was required to pay obligations for tort claims that occurred prior to the sale closing but were not first asserted by the tort claimants until after entry of the sale order. The buyer moved to dismiss the complaint.
Ruling: 
Liquidation trustee's proceeding against buyer of debtor's assets dismissed as contrary to terms of asset purchase agreement.
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Commercial case opionion summary, case decided on May 06,2011, LexisNexis #0711-064

In re Reuss

The court held a hearing to consider debtor's motion for finding of violation of discharge injunction against a mortgage servicer and its agent. The motion arose from letters that the servicer sent to debtor and his counsel to make post-discharge arrangements to recover its collateral.
Ruling: 
Reasonable and non-coercive letter from servicer seeking to recover collateral did not violate discharge injunction.
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Consumer case opionion summary, case decided on April 12,2011, LexisNexis #0611-017

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 Smith

Plaintiff creditor filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that the debtor owed the creditor a nondischargeable debt. The court found that the debtor owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(4), and after the debtor moved to Colorado, the creditor garnished funds the debtor deposited in a national bank in Colorado. The debtor filed an objection.
Ruling: 
Garnishment of funds in debtor's out of state bank account to satisfy nondischargeable debt allowed to extent not affecting unemployment compensation.
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Consumer case opionion summary, case decided on February 18,2011, LexisNexis #0311-122

In re Miller

A bank filed a motion for relief from stay to continue a Wisconsin foreclosure action regarding certain real property. The bank also objected to confirmation of the debtor's Chapter 13 plan.
Ruling: 
Bank that satisfied indebtedness through foreclosure no longer held a claim and lacked standing to object to plan confirmation.
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Consumer case opionion summary, case decided on January 13,2011, LexisNexis #0211-067

In re Zerbi

Pro se bankruptcy debtor claimed an unmatured life insurance policy as exempt under 11 U.S.C.S. § 522(d)(7), but the bankruptcy trustee asserted that § 522(d)(8) precluded the exemption to the extent of the cash surrender value of the policy. The trustee objected to the debtor's claimed exemption and moved for summary judgment.
Ruling: 
Cash surrender value of unmatured life insurance policy was not exempt.
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Consumer case opionion summary, case decided on January 06,2011, LexisNexis #0211-047

In re OBrien

Debtors declared chapter 7 bankruptcy and filed an amended Schedule C claiming that federal and state tax refunds they received were exempt property. The chapter 7 trustee filed objections to the debtors' claim and asked the court to issue an order requiring the debtors to turn over their refunds to the trustee.
Ruling: 
Trustee's objections to debtors' claimed exemptions in unscheduled tax refunds overruled.
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Consumer case opionion summary, case decided on January 04,2011, LexisNexis #0411-081

In re Stover

A law firm that represented the chapter 7 debtors with respect to their chapter 11 case filed an application for compensation under 11 U.S.C.S. § 330(a)(1). A creditor objected.
Ruling: 
Debtors' attorneys awarded fees in reduced amount due to concern over hours expended prior to conversion to chapter 7.
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Consumer case opionion summary, case decided on November 05,2010, LexisNexis #1210-002

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