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Southern District

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

Brown v. Kondaur Capital Corp. (In re Brown)

In this adversary action, chapter 7 debtor and his non-filing spouse asked the court to find that none of the defendants held a valid lien against their real property. Defendant, the current holder of the mortgage, requested that the court abstain under 28 U.S.C.S. § 1334(c), or dismiss.
Ruling: 
Bankruptcy court lacked jurisdiction over postdischarge proceeding to determine validity of lien on abandoned property.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0413-104

In re Vinson

This matter came on for hearing before the court upon a motion to extend the deadline for filing a complaint to object to discharge under 11 U.S.C.S. § 727 or to determine dischargeability of debt under 11 U.S.C.S. § 523 filed by a creditor, as supplemented. Debtors filed an objection to the motion and another objection to the supplement.
Ruling: 
Extension of time to file nondischargeability proceeding denied where creditor failed to establish cause.
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Consumer case opionion summary, case decided on March 13,2013, LexisNexis #0713-070

Bank of N.Y. v. Sheeley (In re Sheeley)

Plaintiff bank filed a motion for summary judgment in its action against defendants, chapter 13 trustee and debtors, seeking a declaratory judgment that its mortgage was a valid first mortgage lien on the debtor's residence parcel and requesting that the mortgage be reformed to correct the legal description. Defendants filed a joint motion for summary judgment.
Ruling: 
Section 546 limitations period did not bar trustee from seeking declaration that mortgage was not a valid lien against debtor's residence.
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Consumer case opionion summary, case decided on March 04,2013, LexisNexis #0413-055

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

Bajon Inc. v. Rhoades (In re Rhoades)

The former employer of chapter 7 debtor commenced an adversary proceeding against the debtor, contending that the debtor breached a non-competition agreement and that the resultant debt was nondischargeable under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Breach of non-compete agreement by debtor in immediate need of employment was not grounds for nondischargeable debt.
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Consumer case opionion summary, case decided on January 11,2013, LexisNexis #0213-012

Johnston v. City of Middletown (In re Johnston)

Plaintiff chapter 7 debtor in a no asset case filed a complaint against defendants, the United States and a city, claiming that he was not a responsible person for trust fund taxes and that the seizure of his tax refund was a preference under 11 U.S.C.S. § 547. The court asked the parties to brief the issues of whether it had subject matter jurisdiction and whether it should abstain under 28 U.S.C.S. § 1334(c).
Ruling: 
Bankruptcy court lacked jurisdiction to determine if debtor was a "responsible person" for trust fund taxes and debtor lacked standing to pursue related preference claim.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-096

Anderson v. Liberty Sav. Bank (In re Anderson)

Plaintiff chapter 13 debtor filed an adversary proceeding against defendant bank, seeking a determination that she was allowed to strip off a second mortgage lien the bank held on her residence. The debtor filed a motion for summary judgment on her claim.
Ruling: 
Second mortgage could be stripped off where first mortgage exceeded value of debtor's residence.
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Consumer case opionion summary, case decided on December 13,2012, LexisNexis #0113-045

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