Judge Barnes

In re Bovino

Ruling: 
Debtor could pay claim for delinquent taxes paid by others over the life of the proposed plan.
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Consumer case opionion summary, case decided on July 26,2013, LexisNexis #0813-098

Brandt v. PlainsCapital Leasing LLC(In re Equipment Acquisition Res. Inc.)

Bankruptcy plan administrator brought adversary proceedings against transferees of funds from a bankruptcy debtor alleging that the transfers of funds were avoidable as fraudulent. The transferees moved to dismiss the complaints for failures to state claims.
Ruling: 
Avoidance proceeding dismissed where evidence of alleged Ponzi scheme was insufficient to establish transfers as presumably fraudulent.
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Commercial case opionion summary, case decided on June 06,2013, LexisNexis #0713-093

Fogel v. Shabat (In re Draiman)

Chapter 7 trustee's complaint alleged causes of action under 11 U.S.C.S. §§ 547, 548, and various provisions of the Illinois Uniform Fraudulent Transfer Act. Before the court was defendants' motion to dismiss adversary complaint.
Ruling: 
Statute of limitations for avoidance proceedings ran from date interim trustee began service where trustee later became permanent.
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Consumer case opionion summary, case decided on November 27,2012, LexisNexis #1212-123

In re Quade

A creditor obtained a judgment against a bankruptcy debtor and asserted citation, garnishment, and turnover liens on funds and property of the debtor held by third parties, and claimed setoff of the judgment debt against royalties owed to the debtor. The creditor moved for relief from the automatic bankruptcy stay to enforce its lien and setoff rights.
Ruling: 
Creditor granted relief from stay to the extent its liens were perfected.
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Consumer case opionion summary, case decided on October 11,2012, LexisNexis #1112-043

In re Briggs

Before the court was the Motion for Relief from Stay and Motion To Dismiss (the "Motion") filed by movant creditor. Debtor filed a response in opposition.
Ruling: 
Relief from stay granted due to debtor's filing petition as part of scheme to delay or hinder creditor.
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Consumer case opionion summary, case decided on August 30,2012, LexisNexis #1212-076

Metro Bank v. Van Horn (In re Van Horn)

In respondent debtor's Chapter 13 case, movant creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).and (2).
Ruling: 
Relief from stay granted due to small equity cushion in property.
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Consumer case opionion summary, case decided on May 19,2011, LexisNexis #0611-041

In re Griswold Bldg. LLC

Debtor limited liability companies filed petitions under chapter 11 of the Bankruptcy Code and a combined joint plan for reorganizing their businesses. An administrative agent for two banks that loaned the debtors money opposed confirmation of the debtors' third amended plan.
Ruling: 
Confirmation denied where proposed interest rate was too low, debtor lacked ability to make payments and plan was not "fair and equitable."
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Commercial case opionion summary, case decided on December 07,2009, LexisNexis #1209-132

California Self-Insurance Sec. Fund v. Lorber Indus. of Cal. (In re Lorber Indus. of Cal.)

Appellant the California Self-Insurers' Security Fund sought review of a decision of the bankruptcy appellate panel, which held that the claim asserted by the fund in appellee debtor's chapter 11 case was an excise tax that was not entitled to priority, and held that the date of the relevant transaction was the date of the debtor's default on its self-insurance obligations.
Ruling: 
Claim of state self-insurers' fund was not an excise tax and not entitled to priority.
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Commercial case opionion summary, case decided on May 04,2009, LexisNexis #0609-078

Falcon Creditor Trust v. Blue Cross Blue Shield (In re Falcon Prods.)

Plaintiff, the creditor trust that was the successor to the chapter 11 debtors, brought an adversary proceeding to avoid and recover alleged preferential transfers, under 11 U.S.C. §§ 547 and 550, to the defendant, the transferee of five prepetition payments from the debtors. The transferee moved for summary judgment, asserting that if the transfers were set aside, it would have a resulting priority claim under former 11 U.S.C. § 507(a)(4).
Ruling: 
Transfers to third party administrator for debtor's self-funded PPO plan were below re- BAPCPA cap and not preferential.
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