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Western District

Richardson v. Deutsche Bank Natl Trust Co. (In re Stephens)

Chapter 7 trustee filed a complaint to invalidate a mortgage and set aside the foreclosure sale of debtor's home under 11 U.S.C.S. §§ 541, 544(a)(3). A mortgage assignor and a mortgage assignee, each filed a motion for summary judgment, Fed. R. Civ. P. 56(a).
Ruling: 
Trustee lacked standing to contest mortgage assignment and could not set aside mortgage or foreclosure.
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Consumer case opionion summary, case decided on May 21,2012, LexisNexis #0712-025

In re Michigan BioDiesel LLC

A firm, after buying a lender's note and security documents, filed a Uniform Commercial Code (UCC) termination statement (TS) in error, but 9 minutes later filed a correction statement (CS) under Mich. Comp. Laws § 440.9518. A creditor and debtor's trustee argued the error rendered the firm unsecured and the CS violated the automatic stay. The firm sought relief from stay under 11 U.S.C.S. § 362(d) to correct the error and ratify the CS.
Ruling: 
Relief from stay granted to allow filing of UCC correction statement to counteract erroneous termination statement.
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Commercial case opionion summary, case decided on May 21,2012, LexisNexis #0712-009

In re Young

Chapter 13 debtors filed a motion for entry of discharge, arguing that they satisfied the payment obligations under their plan. The chapter 13 trustee opposed the motion.
Ruling: 
Motion for discharge in chapter 13 case denied where debtors did not remit all disposable income during plan term.
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Consumer case opionion summary, case decided on April 29,2012, LexisNexis #0612-068

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

In re St. Vincent

On November 10, 2011, debtor filed a chapter 13 bankruptcy petition, schedules, and a plan, shortly after a chapter 7 bankruptcy trustee in Minnesota (the "Minnesota Trustee") named him as a defendant in an adversary proceeding. Debtor's chapter 13 Plan drew objections from the Minnesota Trustee and debtor's chapter 13 Trustee. The court held a confirmation hearing on March 6, 2012.
Ruling: 
Confirmation denied and case dismissed as filed solely to interfere with sale of property in bankruptcy case of debtor's spouse.
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Consumer case opionion summary, case decided on March 12,2012, LexisNexis #0512-103

In Lacourse

After the debtor's relationship with his attorney broke down, the attorney filed a motion to withdraw as counsel. The debtor filed a response, challenging the attorney's fee as excessive, thereby implicating the court's authority under 11 U.S.C.S. § 329 and Fed. R. Bankr. P. 2017. A hearing was conducted.
Ruling: 
Attorney's failure to disclose additional fee warranted disgorgement.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0412-007

Astera Credit Union v. Russell (In re Russell)

Credit union filed a complaint for a judgment that a debt owed by a chapter 7 debtor, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Deficiency judgment was nondischargeable due to misrepresentations by debtor on which creditor justifiably relied.
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Consumer case opionion summary, case decided on January 25,2012, LexisNexis #0212-085

Moyer v. Carlyle (In re Strawberry)

Bankruptcy trustee brought an adversary proceeding against legal counsel alleging that counsel committed legal malpractice in representing a bankruptcy debtor. The bankruptcy court considered whether permissive abstention by the bankruptcy court was warranted under 28 U.S.C.S. § 1334(c)(1).
Ruling: 
Bankruptcy court abstained from hearing trustee's non-core state law-based legal malpractice action against debtor's counsel.
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Consumer case opionion summary, case decided on January 25,2012, LexisNexis #0212-140

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 Pellegrini

After debtor's chapter 7 case was reopened based on the trustee's discovery of the fact that debtor had failed to disclose that he had won a $302,663 judgment against an investment group based on its commission of fraud in connection with his IRA, debtor amended his schedules to list the judgment and to claim that it was exempt per 11 U.S.C.S. § 522(d)(12). The trustee objected to the exemption and sought summary judgment that it was improper.
Ruling: 
Debtor could not claim exemption in settlement proceeds of action for IRA fraud where funds were not in account on petition date.
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Consumer case opionion summary, case decided on January 17,2012, LexisNexis #0612-088

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