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Northern District

In re Lengacher

A bank moved for an order granting relief from the automatic stay in 11 U.S.C.S. § 362 in debtors' chapter 11 case on claims that relief was proper so that plaintiff could proceed in State Court Suit 1, filed against LLC 1, which debtors owned; could proceed against other defendants in State Court Suit 2, to which debtors, LLC 1 and LLC 2 were parties; and could pursue discovery against all parties including debtors.
Ruling: 
Relief from stay denied where creditor could pursue claims against legal entities that were separate from debtor.
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Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0313-081

In re Hight-Goodspeed

This matter was before the court with regard to confirmation of debtor's proposed chapter 13 plan. The trustee objected to confirmation claiming that the plan did not satisfy the requirements of 11 U.S.C.S. § 1325(b)(1). The issues raised by that objection were submitted for a decision on stipulations of fact and the briefs of counsel.
Ruling: 
Confirmation denied due to failure to devote all disposable income to plan or pay unsecured claims in full with interest.
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Consumer case opionion summary, case decided on October 31,2012, LexisNexis #0413-066

In re Johnson

A bankruptcy debtor calculated projected disposable income for distribution to creditors under the debtor's plan based on a household size of two which included the debtor's adult son. The bankruptcy trustee objected to confirmation of the debtor's plan.
Ruling: 
Objection to confirmation denied as son who was totally financially dependent upon debtor was properly included in household.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1212-068

Dubois v. IMBR Crane (In re Scott Fabricating Inc.)

Chapter 7 Trustee brought an adversary proceeding pursuant to 11 U.S.C.S. § 547(b), seeking to recover for the benefit of the estate an alleged preferential transfer received by a sub- subcontractor (hereafter, "defendant"). The matter was before the court for judgment.
Ruling: 
Payment by debtor's general contractor to provider of crane was not a preferential transfer.
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Commercial case opionion summary, case decided on September 28,2012, LexisNexis #1112-094

In re Vancleef

Several years after a bankruptcy debtor's case was closed, the case was reopened on the basis of a newly discovered potential asset, and the bankruptcy trustee filed proofs of claims on behalf of unsecured creditors listed in the debtor's schedules who did not file proofs of claim after notice pursuant to 11 U.S.C.S. § 501(c). The debtor objected to the claims asserted by the trustee.
Ruling: 
Proofs of claim filed by trustee on behalf of non-filing creditors disallowed on debtor's objection.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1112-084

In re Cunningham

Debtors filed a petition under chapter 13 of the Bankruptcy Code and sought a determination that they were allowed under 11 U.S.C.S. § 522(f)(1)(A) to avoid a mechanic's lien which a creditor placed on their residence. The creditor opposed the debtor's motion, and the court held a hearing on the debtors' motion and the creditor's objection.
Ruling: 
Mechanic's lien was statutory and could not be avoided as impairing debtors' homestead exemption.
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Consumer case opionion summary, case decided on August 14,2012, LexisNexis #0912-078

In re Shell

Chapter 7 trustee objected to the exemptions claimed by debtor.
Ruling: 
Debtor who resided in an "opt out" state for majority of 180 day period before 730 day prepetition period could not elect federal exemptions.
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Consumer case opionion summary, case decided on August 14,2012, LexisNexis #0912-077

In re Heartland Mem. Hosp. LLC

Defendant physician moved for dispensation, pursuant to Fed. R. Bankr. P. 8002(c)(2), to file a notice of appeal after the date upon which the notice was required to be filed by Fed. R. Bankr. P. 8002(a). The physician's counsel asserted that the notice of appeal was not timely filed due to her excusable neglect.
Ruling: 
Counsel's incorrect docketing of order date was not excusable neglect for purposes of allowing late filing of appeal.
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Commercial case opionion summary, case decided on June 21,2012, LexisNexis #1012-033

Yoon v. Janeczyk (In re Scott)

Trustee brought an adversary proceeding against the landlord under a lease of real property to a debtor, seeking turnover of the debtor's security deposit which was held by the landlord.
Ruling: 
Landlord ordered to turn over debtor's security deposit.
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Consumer case opionion summary, case decided on February 24,2012, LexisNexis #0312-127

ONeill v. Wells Fargo Bank N.A. (In re ONeill)

Chapter 13 debtors sought a determination that the mortgage of a creditor in certain real property owned by debtors did not constitute an allowed secured claim under the definition provided by 11 U.S.C.S. § 506(a) and was therefore not within the provisions of 11 U.S.C.S. § 1322(b)(2).
Ruling: 
Debt secured by property in which there was equity above priority claims could not be treated as unsecured.
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Consumer case opionion summary, case decided on February 03,2012, LexisNexis #0212-134

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