Feb
23
2009
MD Acquisition LLC v. Myers
Plaintiffs, a debtor and its purchaser, filed a motion to transfer to the bankruptcy court their complaint for recission of a stock purchase agreement or, in the alternative, damages for state law claims. Defendant employee filed a motion for permissive and mandatory abstention under 28 U.S.C.S. § 1334(c)(1) and (2) and equitable remand to the state court.
Ruling:
Action for rescission of stock purchase agreement transferred to bankruptcy court as related to pending case.
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Commercial case opionion summary, case decided on February 23,2009, LexisNexis #0409-020
Feb
23
2009
Terlecky v. Countrywide Home Loans Inc. (In re Baruch)
Chapter 7 trustee moved for summary judgment on his claims against creditor, which sought, in his capacity as a bona fide purchaser under 11 U.S.C.S. § 544(a)(3), to avoid a mortgage the debtor granted the creditor on her home, sought to preserve the mortgage for benefit of the debtor's estate pursuant to 11 U.S.C.S. § 551, and requested the court to disallow any and all claims held by the creditor arising under the mortgage.
Ruling:
Trustee could avoid mortgage that was not validly recorded.
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Consumer case opionion summary, case decided on February 23,2009, LexisNexis #0509-049
Feb
17
2009
In re Goble
The United States trustee filed a motion to dismiss the debtor's chapter 7 petition for abuse, pursuant to 11 U.S.C.S. §§ 707(b)(2) or 707(b)(3). The debtor sought to remain in chapter 7 and therefore opposed the motion.
Ruling:
Chapter 7 case ordered converted or dismissed for abuse based on totality of circumstances as debtor could fund chapter 13 plan.
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Consumer case opionion summary, case decided on February 17,2009, LexisNexis #0309-123
Feb
04
2009
In re Cortner
A secured creditor of a chapter 13 debtor objected to the debtor's plan. The chapter 13 trustee objected to the proofs of claim of the creditor.
Ruling:
Chapter 13 debtor required to pay interest rate set at state tax certificate auction.
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Consumer case opionion summary, case decided on February 04,2009, LexisNexis #0309-081
Jan
23
2009
Frances E. Bain Estate v. Hammen (In re Hammen)
Plaintiff, the estate of a deceased property owner, filed a complaint against defendant chapter 7 debtors, alleging that the debtors encroached on the owner's land when they constructed a pond on their adjacent property. It sought damages and an exception from discharge due to fraud or willful injury under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
Ruling:
Claim for trespass was not excepted from discharge absent evidence of willful or malicious conduct.
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Consumer case opionion summary, case decided on January 23,2009, LexisNexis #0309-011
Jan
13
2009
Butler v. Ormet Corp.
Appellant, a claimant in a chapter 11 case, challenged a denial, by the Bankruptcy Court for the Southern District of Ohio, of a Fed. R. Civ. P. 59(e) motion for reconsideration of its denial of an earlier motion under 11 U.S.C.S. § 502(j) and Fed. R. Bankr. P. 3008 to set aside the order disallowing his claim against appellee debtors. At issue was whether the bankruptcy court had abused its discretion in so ruling.
Ruling:
Time-barred wrongful discharge claim properly disallowed by bankruptcy court.
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Commercial case opionion summary, case decided on January 13,2009, LexisNexis #0309-031
Dec
16
2008
Weisle Corp. v. Leist (In re Leist)
Plaintiffs, a judgment creditor and its principal, and defendant chapter 7 debtor filed cross-motions for summary judgment in plaintiffs' action, which sought to have the judgment debt declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6).
Ruling:
Debtor real estate broker's purchase of property instead of making offer on behalf of clients resulted in nondischargeable economic injury.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-046
Nov
20
2008
In re Cincom iOutsource Inc.
Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. Movant creditor filed a proof of claim after the deadline established by the court, and moved for an order deeming its proof of claim as timely. The trustee and another creditor opposed the creditor's motion.
Ruling:
Proof of claim failed after creditor was added to amended schedule was deemed timely.
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Commercial case opionion summary, case decided on November 20,2008, LexisNexis #0109-021
Nov
18
2008
In re Peppers
The debtor filed an objection to a proof of claim filed by the creditor which held a first mortgage on the debtor's home. The objection contested the creditor's arrearage claim. The debtor believed that a portion of the claim should be paid as an unsecured claim pursuant to 11 U.S.C.S. § 506(a).
Ruling:
First mortgage on debtor's home was not subject to modification.
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Consumer case opionion summary, case decided on November 18,2008, LexisNexis #1208-113
Oct
31
2008
In re Cinecom iOutsource Inc.
The chapter 7 trustee filed a motion to enforce the automatic stay under 11 U.S.C.S. § 362(a) in three separate actions filed in federal district courts by unaffiliated, non-debtor entities.
Ruling:
Action by unaffiliated non-debtor entities against debtor were subject to stay.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #0109-042