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Wilhoite v. Lemah (In re Wilhoite)

Ruling
Debtor could not force trustee to accept opinions regarding sale of assets.
Issue(s)
Did trustee breach a fiduciary duty to the debtor with respect to valuation and sale of debtor's assets?

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Consumer opinion summary, case decided on May 14, 2014 , LexisNexis #0614-023

Wilhoite v. SunTrust Bank (In re Wilhoite)

Ruling
Debtor lacked standing to pursue breach of contract and tort claims which were property of the estate.
Issue(s)
Did debtor have standing to pursue prepetition breach of contract and tort claims?

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Consumer opinion summary, case decided on February 06, 2014 , LexisNexis #0314-022

Walschmidt v. Bank of Am. (In re Wheeler)

Ruling
Trustee could not avoid deed of trust for which release was not recorded prior to petition date.
Procedural posture

Chapter 7 trustee filed an adversary proceeding against a secured creditor, pursuant to 11 U.S.C.S. § 544(a) to exercise his strong arm powers to bring the debtors' residence into the bankruptcy estate under 11 U.S.C.S. § 541. The parties filed cross motions for summary judgment.

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Consumer opinion summary, case decided on October 26, 2012 , LexisNexis #1112-125

In re Gift

Ruling
Debtor's plan not required to provide for payment of state penalty as part of oversecured claim.
Procedural posture

A solvent bankruptcy debtor proposed a plan which provided for payment of interest on local governments' claims for unpaid real property taxes which were over-secured by statutory liens against the property, but did not provide for payment of penalty interest for late payment of the taxes. The governments objected to confirmation of the debtor's plan.

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Consumer opinion summary, case decided on March 22, 2012 , LexisNexis #0412-110