Judge Caldwell

In re Star Dynamics Corp.

Ruling: 
Relief from stay and remand to allow competitor to pursue lawsuit that could materially affect the value of debtor's business denied.
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Commercial case opionion summary, case decided on January 24,2014, LexisNexis #0314-009

CNA Fin. Corp. v. Flood (In re Flood)

Ruling: 
Loan debt was dischargeable despite debtor's use of proceeds intended to be used for purchase of company stock to build home titled in spouse's name.
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Consumer case opionion summary, case decided on September 20,2013, LexisNexis #1013-047

In re LPN Healthcare Facility Inc.

Ruling: 
Employment of accounting firm vacated due to lack of disinterestedness.
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Commercial case opionion summary, case decided on September 10,2013, LexisNexis #1013-072

In re Yarbrough

Chapter 13 debtor filed a motion for an order that would require a creditor, who was the debtor's mortgage company, to evaluate the debtor's mortgage loan for participation under the Home Affordable Modification Program. The creditor argued that the court was without authority or jurisdiction to issue any order.
Ruling: 
Creditor ordered to evaluate debtor's mortgage for participation under Home Affordable Modification Program.
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Consumer case opionion summary, case decided on April 11,2013, LexisNexis #0713-135

In re Marble Cliff Crossing Apts. LLC

A chapter 11 debtor filed a fourth motion requesting extension of the exclusivity period for filing a plan of reorganization pursuant to 11 U.S.C.S. § 1121(d)(2)(A). Its largest creditor objected to the motion.
Ruling: 
Extension of exclusivity period granted as debtor was addressing court concerns and had made substantial adequate protection payments.
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Commercial case opionion summary, case decided on March 15,2013, LexisNexis #0513-135

In re Banick

Chapter 7 trustee objected to an exemption the debtor claimed in her interest in her ex-husband's retirement plans.
Ruling: 
Debtor's equitable interest in former spouse's retirement plan was not property of the estate.
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Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0313-090

In re Marble City Cliff Crossing Apts. LLC

Before the court for confirmation consideration was debtor's plan of reorganization. The only objecting party was a creditor holding the largest secured and unsecured claims.
Ruling: 
Confirmation denied due to lack of feasibility.
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Commercial case opionion summary, case decided on February 10,2013, LexisNexis #0313-027

In re Irwin Mortg. Corp.

After the court disallowed certain claims when their attorney failed to file the disclosure required for creditors who were acting in concert to advance their common interests under Fed. R. Bankr. P. 2019(b), the attorney sought reconsideration of the disallowance order under Fed. R. Civ. P. 60(b) or under 11 U.S.C.S. § 502(j) and Fed. R. Bankr. P. 3008.
Ruling: 
Reconsideration of disallowance of claims granted only if creditors' attorney paid debtor's legal fees and expenses for litigating claims.
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Commercial case opionion summary, case decided on January 28,2013, LexisNexis #0213-077

In re Marble Cliff Crossing Apts.

Creditor, citing Fed. R. Bankr. P. 8005, asked the court to stay proceedings relative to confirmation of a plan of reorganization proposed by debtor, the owner and operator of an apartment complex and a chapter 11 debtor, pending appellate review of movant's challenge to a court order finding cause to grant debtor's request to extend, by 29 days, the exclusive period for confirmation of that plan.
Ruling: 
Stay pending appeal of extension of exclusivity period denied.
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Commercial case opionion summary, case decided on October 29,2012, LexisNexis #1112-104

In re Marble Hill Cliff Crossing Apts. LLC

A limited partnership (LP) that was a secured creditor of debtor, a debtor in possession (DIP) under chapter 11, objected to DIP's motion to approve a contract with a contractor and to authorize DIP to pay the contractor the costs of installation of a methane gas remediation system. Issues included whether, as argued by LP, the matter was required to be raised in connection with plan confirmation.
Ruling: 
Debtor in possession could hire contractor to handle methane remediation at apartment complex pursuant to cash collateral order.
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Commercial case opionion summary, case decided on October 21,2012, LexisNexis #1112-112

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