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Judge Adelman

Ruhl v. HSBC Mortg. Servs.

Appellant chapter 13 debtors challenged decisions of the bankruptcy court for the Eastern District of Wisconsin, which granted appellee lenders'motions to dismiss the debtors'adversary proceedings on the grounds that their claims were barred by the principle of finality embodied in 11 U.S.C.S. § 1327(a). The cases were consolidated on appeal.
Ruling: 
Debtors could not contest interest on mortgage arrears that they themselves proposed to pay in their confirmed plans.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0209-033

F.V. Steel & Wire Co. v. Houlihan Lokey Howard & Zukin Capital LP

Appellant chapter 11 debtors objected to the final fee application submitted by appellee financial advisors, who were appointed by the official committee of unsecured creditors to provide financial analysis and valuation services in the bankruptcy proceedings. The debtors objected to the $2,066,540 transaction fee sought by the advisors. They appealed after the bankruptcy court approved the advisors'final fee application.
Ruling: 
Bankruptcy court's application of reasonableness standard to financial advisor's final fee application was harmless error as fees had been preapproved.
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Grossman v. Beal (In re Beal)

Pursuant to 28 U.S.C. § 158(a)(3), appellant trustee sought leave to appeal the interlocutory order of the bankruptcy court denying her motion to dismiss the bankruptcy petition of appellee debtors. The trustee moved to dismiss based on 11 U.S.C. § 109(g)(2).
Ruling: 
Court ruled that section 109(g)(2) did not apply where it thwarted Congressional intent and, thus, debtors'refiled case was deemed permissible.
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