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Northern District

In re Sovik

Following a chapter 7 debtor's discharge in his no-asset case, a creditor filed a state court action against him for conversion, fraud, and breach of fiduciary duty, and the debtor filed a federal labor lawsuit against the creditor in a Tennessee federal court. The debtor then requested a reopening of his case under 11 U.S.C.S. § 350(b) to amend the bankruptcy schedules, to add the creditor, and to add a newly-found potential asset.
Ruling: 
Debtor could not reopen case to add uncertain potential claim against creditor.
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Consumer case opionion summary, case decided on August 26,2011, LexisNexis #0911-072

DDC & Assocs. v. White (In re White)

Plaintiff alleged creditors asserted that a debt allegedly owed by defendant debtor was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(14) and § 523(a)(14A).
Ruling: 
Alleged debt arising from creditor's payment of employment tax obligation for which debtor had no individual liability was dischargeable.
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Commercial case opionion summary, case decided on August 16,2011, LexisNexis #0911-050

In re New Schoonebeek Dairy LLC

In this chapter 11 case, a secured creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2).
Ruling: 
Relief from stay denied where there was equity in debtor dairy's property.
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Commercial case opionion summary, case decided on June 30,2011, LexisNexis #0911-113

In re Sheetz

One day after the court, acting ex parte, granted a Chapter 13 trustee's motion for permission to examine a creditor pursuant to Fed. R. Bankr. P. 2004, the creditor filed an objection to the trustee's motion and also requested reconsideration of the order granting it.
Ruling: 
Creditor's objection to trustee's motion for examination overruled as trustee was acting properly.
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Consumer case opionion summary, case decided on June 28,2011, LexisNexis #1011-031

Apollo Printing & Thermography Inc. v. St. Joseph County Treasurer (In re Apollo Printing & Thermography Inc.)

Chapter 11 debtor filed an adversary proceeding against defendant county treasurer, seeking a determination that business personal property taxes, interest, and penalties assessed by the treasurer were discharged in bankruptcy. Both parties asked the court to award them summary judgment on their claims.
Ruling: 
County treasurer violated discharge injunction by attempting to collect business property tax, penalties and interest.
ABI Membership is required to access the full summary of Apollo Printing & Thermography Inc. v. St. Joseph County Treasurer (In re Apollo Printing & Thermography Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 21,2011, LexisNexis #0911-138

In re Cabell

Debtor's chapter 13 case was before the court on the initial objection to confirmation filed by a creditor and on the creditor's amended objection to confirmation.
Ruling: 
Motor vehicle used primarily for business purpose and acquired within one year of petition date was not subject to "hanging paragraph."
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Consumer case opionion summary, case decided on June 10,2011, LexisNexis #0811-032

In re Moore

In a chapter 7 bankruptcy case, a creditor filed a motion for relief from the automatic stay and for the abandonment of its collateral. A debtor objected to that motion.
Ruling: 
Relief from stay granted, despite absence of default, due to decline in value of collateral and lack of adequate protection.
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Consumer case opionion summary, case decided on April 25,2011, LexisNexis #0611-077

In re Luedtke

Before the court was a contested matter initiated by a creditor's objection to confirmation of debtor's proposed chapter 13 plan. The matter was a core proceeding pursuant to 28 U.S.C.S. § 157(b)(2)(L).
Ruling: 
Confirmation denied for lack of good faith due to debtor's failure to devote sufficient disposable income to plan and nondisclosures.
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Consumer case opionion summary, case decided on April 08,2011, LexisNexis #0511-102

In re Strahan

Debtors, a husband and wife, filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a fourth amended plan for repaying their creditors. The standing chapter 13 trustee filed an objection to confirmation of the debtors' plan under 11 U.S.C.S. § 1325(b), claiming, inter alia, that the debtors had not proposed to pay all their projected disposable income into the plan and had not proposed their plan in good faith.
Ruling: 
Confirmation of serial filers' fourth amended plan denied due to lack of good faith.
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0611-030

In re Fox

A trustee who was appointed to administer a debtor's chapter 7 bankruptcy case asked the court to reopen the debtor's case and for permission to hire special counsel to resolve issues involving land the debtor owned. The court granted the trustee's motion, and the trustee subsequently asked the court to approve a compromise she negotiated, pursuant to Fed. R. Bankr. P. 9019. The debtor opposed the trustee's motion to compromise.
Ruling: 
Settlement of dispute involving debtor's land approved.
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Consumer case opionion summary, case decided on March 15,2011, LexisNexis #0411-104

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