Judge Kendig

Spirit SPE Portfolio 2007-1 LLC v. Paxos (In re Paxos)

Ruling: 
Debtor entitled to attorneys' fees incurred due to discovery delays by plaintiffs in adversary proceeding.
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Consumer case opionion summary, case decided on December 30,2014, LexisNexis #0115-104

In re McKeal

Ruling: 
Untimely motion for extension of stay in debtor's second chapter 13 case in 12 months denied.
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Consumer case opionion summary, case decided on November 14,2014, LexisNexis #1214-042

Silagy v. Morris (In re Morris)

Ruling: 
Divorce settlement agreement created fraudulent transfer to non-debtor spouse where debtor did not receive reasonably equivalent value.
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Consumer case opionion summary, case decided on October 18,2013, LexisNexis #1113-088

In re Martin Designs Inc.

Chapter 7 trustee moved pursuant to 11 U.S.C.S. § 327(a) to expand the scope of a law firm's employment to permit the law firm to assist the trustee in challenging the fee application filed by the trustee's former counsel. Former counsel opposed the application.
Ruling: 
Scope of trustee's law firm's employment expanded to allow firm to oppose fee application of special litigation counsel.
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Commercial case opionion summary, case decided on March 22,2013, LexisNexis #0413-107

In re Koch

Through a fee application, the attorney for a Chapter 13 debtor sought compensation. The trustee objected, resulting in the attorney filing an itemization in support of the requested fees.
Ruling: 
Attorneys' fees awarded in reduced amount due to vague application that did not comply with local rules and lack of complexity of case.
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Consumer case opionion summary, case decided on April 11,2011, LexisNexis #0511-040

In re Pease

Bankruptcy debtors, husband and wife, filed a bankruptcy petition along with certificates of credit counseling stating that the requisite credit counseling course was satisfied by the wife, both for herself and for her husband via a power of attorney. The bankruptcy court sua sponte considered the eligibility of the husband to be a debtor.
Ruling: 
Debtor could not complete credit counseling course on behalf of debtor spouse via power of attorney.
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Consumer case opionion summary, case decided on July 02,2010, LexisNexis #1010-004

In re Gilmore

Bankruptcy debtors asserted that they could not fund a chapter 13 bankruptcy plan, but the United States Trustee argued that the debtors could pay off a substantial portion of their unsecured debt in a chapter 13 plan. The Trustee moved to dismiss the debtors' case pursuant to 11 U.S.C.S. § 707(b) based on abuse of chapter 7 bankruptcy.
Ruling: 
Chapter 13 case ordered converted or dismissed due to excessive, unnecessary, education and child care expenses.
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Consumer case opionion summary, case decided on June 08,2010, LexisNexis #0810-130

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