Judge Paine

Waldschmidt v. Johnson (In re Milford)

In this chapter 7 case where the debtor held an interest in real property, the trustee moved for partition and sale of the property pursuant to 11 U.S.C.S. § 363 and sought to provide a priority credit for the debtor's payment of mortgage prior to distributing the net proceeds of the sale to the other parties with interests in the property.
Ruling: 
Trustee's partition and sale of property with priority credit for mortgage payments made by debtor approved.
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Consumer case opionion summary, case decided on December 09,2011, LexisNexis #0112-077

In re Baugh

A law firm filed an application pursuant to 11 U.S.C.S. § 330(a) for payment of compensation for legal services and reimbursement of expenses incurred as special counsel to the chapter 11 debtors. The debtors filed an objection to the fee application on the grounds that the interest rate charged exceeded a reasonable rate, the fees charged were not reasonable, and post-petition interest was not a reasonable expense.
Ruling: 
Postpetition interest on debtor's special counsel's secured claim for fees disallowed.
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Consumer case opionion summary, case decided on October 27,2011, LexisNexis #1211-002

Gregory v. Rho Mobil DEpocha (In re Gregory)

Defendant foreign supplier sought an order per 28 U.S.C.S. § 1334 remanding, to state court, its complaint against a married couple and their company. The husband had removed the case from the state court per 28 U.S.C.S. § 1452 in connection with his chapter 7 case, and the court previously had denied defendant's motion for relief from stay with the result that the case was stayed as to debtor.
Ruling: 
Abstention was proper with regard to foreign creditor's case against non-debtor spouse.
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Consumer case opionion summary, case decided on October 27,2011, LexisNexis #1211-063

Pigg v. BAC Home Loans Servicing LP (In re Pigg)

Chapter 7 debtor brought an adversary proceeding against defendants, a bank, a homeowners' association, and a loan servicer, seeking some form of equitable relief to stop her homeowner association dues and assessments (HOA dues) from continuing to accrue even though she permanently evacuated her condominium after a flood.
Ruling: 
Case ordered reopened and discharge set aside to allow sale of flood-damaged condominium unit to satisfy nondischargeable assessments.
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Consumer case opionion summary, case decided on June 24,2011, LexisNexis #1011-118

In re Mace

A creditor objected to confirmation of the second amended plan proposed by a Chapter 11 trustee on the ground that the plan unfairly discriminated against the creditor and that the plan was not fair and equitable as required by 11 U.S.C.S. § 1129(b)(2)(A).
Ruling: 
Plan proposing 20-year loan repayment period did not discriminate against creditor.
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Consumer case opionion summary, case decided on January 25,2011, LexisNexis #0211-129

In re Fairview Club Props. LLC

This matter came before the court on confirmation of debtors' chapter 11 Amended Plans of Reorganization dated October 4, 2010. Pending was a creditor's objection to confirmation in all three cases.
Ruling: 
Confirmation of three identical plans filed in three separate cases denied on feasibility grounds.
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Commercial case opionion summary, case decided on November 02,2010, LexisNexis #1210-097

In re Spencer Creek Props.

A creditor bank sought a determination whether the case was a "single asset real estate" (SARE) case as defined in the 11 U.S.C.S. § 101(51B), and thus whether relief from the automatic stay was applicable under 11 U.S.C.S. § 362(d)(3).
Ruling: 
Creditor bank granted relief from stay in single asset real estate case.
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Commercial case opionion summary, case decided on October 25,2010, LexisNexis #1210-005

In re Allen

After a confirmation hearing on the debtors' proposed Chapter 13 plan, the court took under advisement the issue of whether the debtors' loan from a creditor that renewed and combined prior loans destroyed the loan's purchase money security interest (PMSI) character, therefore removing it from the protections of 11 U.S.C.S. § 1325's hanging paragraph.
Ruling: 
Consolidation and renewal of 910 vehicle loans destroyed purchase money security interest character of debt and removed loans from protection of hanging paragraph.
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Consumer case opionion summary, case decided on April 09,2010, LexisNexis #0710-062

In re Barnhills Buffet Inc.

A county tax collector filed a motion for allowance of an administrative expense claim for unpaid ad valorem personal property taxes for 2008 and 2009 pursuant to 11 U.S.C.S. § 503(b)(1)(B). The chapter 7 trustee objected to the claim.
Ruling: 
Claim filed by county for personal property taxes after conversion to chapter 7 was not entitled to administrative expense status.
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Commercial case opionion summary, case decided on February 24,2010, LexisNexis #0510-046

In re Fairvue Club Props. LLC

A chapter 11 debtor filed an application to employ a law firm as counsel. The United States Trustee (UST) objected to the proposed employment pursuant to 11 U.S.C.S. § 327(a), alleging that the law firm had substantial connections to individuals and entities in the case that created either an actual or apparent conflict of interest.
Ruling: 
Debtor could retain law firm with connection to secured creditor subject to curative measures.
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Commercial case opionion summary, case decided on February 12,2010, LexisNexis #0410-106

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