Judge Baxter

In re Ulrich

A creditor of a chapter 7 debtor who had received a discharge moved for relief from stay per 11 U.S.C.S. § 362. Debtor opposed relief from stay and instead object to the court's exercise of jurisdiction on claims that jurisdiction was lacking. Issues included whether the court had jurisdiction and whether it had power, under 11 U.S.C.S. § 524 or otherwise, to grant relief from the discharge injunction.
Ruling: 
Postdischarge motion for relief from stay denied as moot.
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Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-073

In re Arter & Hadden LLP

General and special counsel for a Chapter 7 Trustee filed applications for a fee enhancement award under 11 U.S.C.S. § 330. The U.S. Trustee and two creditors objected.
Ruling: 
Enhanced fee award fee general and special counsel for chapter 7 trustee denied.
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Commercial case opionion summary, case decided on August 04,2011, LexisNexis #0911-070

In re Computer Sys.

Applicant, the estate's financial advisor, sought an order allowing compensation and expense reimbursement per 11 U.S.C.S. § 330 and 11 U.S.C.S. § 503(b)(2). Though applicant originally sought payment from debtor, after objector, a bank that was a secured creditor, filed a limited objection to the application, applicant asserted that the bank in fact was responsible for payment of $375,000 of the transaction fee and $215 in expenses.
Ruling: 
Bank required to pay fee as provided in order for dale of debtor's assets.
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Commercial case opionion summary, case decided on March 15,2011, LexisNexis #0511-003

In re Christopherson

Before the court was the confirmation of a debtor's Chapter 11 plan. Three creditors objected to the modification of their secured mortgages pursuant to 11 U.S.C.S. § 1123(b)(5).
Ruling: 
Confirmation denied due to improper cram down of mortgage on debtor's primary residence.
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Consumer case opionion summary, case decided on February 28,2011, LexisNexis #0411-066

In re Flemming

In a voluntary Chapter 13 bankruptcy proceeding, counsel for the co-debtors filed a fee application in the amount of $ 10, 550.04, which included the $ 800.00 retainer. A hearing was held upon due notice to all entitled parties.
Ruling: 
Debtor's attorneys' fees approved with deduction for excessive and duplicative charges.
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Consumer case opionion summary, case decided on January 21,2011, LexisNexis #0311-037

In re Srikantia

The United States trustee filed a motion to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1) and (3). The debtor, a college professor, filed an objection to the motion.
Ruling: 
Case dismissed for abuse where debtor professor could reduce or eliminate many expenses.
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Consumer case opionion summary, case decided on October 29,2009, LexisNexis #1209-020

In re Jarvis

Movant, a debtor in a recently-adjudicated chapter 13 bankruptcy case, moved for an order, pursuant to Fed. R. Civ. P. 60(b)(1) and (b)(6), vacating the discharge that had been recently granted. Assuming that relief was granted under Rule 60, movant also sought dismissal of the case pursuant to 11 U.S.C.S. § 1307(b). At issue was whether debtor should be relieved of the effects of a discharge order based on the possibility of future insolvency.
Ruling: 
Motion to vacate chapter 13 discharge due to fear of future insolvency denied.
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Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0609-139

In re Christian Faith Assembly

A bankruptcy debtor proposed a chapter 11 plan which provided for the establishment of a child care facility which in turn would provide funds to pay creditors. A creditor secured by the debtor's real property objected to confirmation of the debtor's plan on the ground that the plan failed to comply with the requirements of 11 U.S.C.S. § 1129.
Ruling: 
Plan confirmation denied on feasibility grounds.
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Commercial case opionion summary, case decided on February 20,2009, LexisNexis #0609-018

In re Baker

The matter was before the court upon the U.S. Trustee's (UST) motion to dismiss the chapter 7 case of debtor pursuant to 11 U.S.C.S. § 707(b)(1), (b)(3). The motion was opposed by debtor.
Ruling: 
Chapter 7 case dismissed for abuse due to debtor's expenses for 20 year-old college student and repayment of student loans but not other unsecured debts.
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Consumer case opionion summary, case decided on January 30,2009, LexisNexis #0309-124

In re McCully

The trustee opposed the motion of the debtors to modify their previously confirmed chapter 13 plan, pursuant to 11 U.S.C.S. §§ 1325(b)(4) and 1329(a)(2), so that they could decrease the number of their monthly plan payments.
Ruling: 
Co-debtors who fell below median income when one became unemployed were not bound by original above-median commitment period when seeking modification.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-058

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