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Northern District

In re Markey

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and asked the court to issue an order which required a creditor to turn over a vehicle the creditor possessed. The creditor filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the automatic stay, and a motion for an order extending the time he had to file a proof of claim and to challenge the debtor's discharge. The court held a hearing on the motions.
Ruling: 
Creditor ordered to surrender car where title remained in the debtor.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0113-120

In re Kwik-Way Prods.

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the court approved the debtor's bankruptcy plan and closed the case. The debtor filed a motion to reopen its case and asked the court to issue an order which required a bank to show cause why it should not be sanctioned for violating the terms of the debtor's chapter 11 bankruptcy plan. The bank filed a motion for sanctions.
Ruling: 
Debtor awarded expenses and bank ordered to show cause why it should not be sanctioned for violating terms of chapter 11 plan.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-137

In re Hildreth

Movant, the chapter 7 trustee, asked the court for approval per Fed. R. Bankr. P. 9019 of his proposed compromise of an $85,000 debt owed to debtor by her ex-husband on account of her interests in marital real estate and businesses, which obligation the trustee was proposing to settle for a lump sum payment of $20,000. Debtor objected to the proposed settlement.
Ruling: 
Settlement of obligation owed to debtor by former spouse approved due to likely difficulty of successful collection of any possible judgment.
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Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1012-139

In re Minor

A bankruptcy debtor owed a debt on the debtor's truck and sought to reaffirm the debt and retain the truck, even though the debtor's schedules indicated that reaffirming the debt would result in a monthly deficit. The debtor sought approval of the reaffirmation agreement.
Ruling: 
Reaffirmation agreement approved where collateral was necessary to debtor's business and adjustments to lifestyle indicated payment would not lead to deficit.
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Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1212-086

In re Corn Advantage Coop.

Pending was a creditor's Motion for Alternate Disposition of Estate Assets and Objection to Trustee's Final Report. Specifically, a creditor objected to the Trustee's proposal to allow the estate's interest in a partnership to revert to debtor through technical abandonment after closing of the case. It requested that the Trustee allow it to purchase the interest. The Trustee and U.S. Trustee (UST) objected to the creditor's alternate disposition.
Ruling: 
Trustee ordered to abandon estate's interest in partnership through notice of abandonment rather than technical abandonment.
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Commercial case opionion summary, case decided on September 14,2012, LexisNexis #1012-025

In re Murchek

Chapter 13 trustee objected to debtor's chapter 13 plan.
Ruling: 
Plan confirmation denied due to failure to include future tax refunds as projected disposable income.
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Consumer case opionion summary, case decided on July 17,2012, LexisNexis #0812-033

In re Corbin

The chapter 7 debtors sought to reaffirm a debt to a creditor that was secured by a cellular telephone (cell phone), a tablet, and a computer printer pursuant to 11 U.S.C.S. § 524(c).
Ruling: 
Reaffirmation agreement could not be approved as debt was secured by luxury items that could be replaced with less expensive items.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-052

Sarachek v. Right Place Inc. (In re Agriprocessors Inc.)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant putative transferee, seeking a determination that debtor corporation made fraudulent or preferential transfers. The transferee claimed that the court did not have jurisdiction under the U.S. Supreme Court's decision in Stern v. Marshall to hear the case.
Ruling: 
Bankruptcy court was not barred by Stern v. Marshall from hearing fraudulent transfer claims against preferential transferee.
ABI Membership is required to access the full summary of Sarachek v. Right Place Inc. (In re Agriprocessors 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 July 12,2012, LexisNexis #0812-067

In re Nemec

A creditor sought to modify the automatic stay in order to proceed with a foreclosure petition against property owned by an entity of which a chapter 13 debtor was the sole shareholder. The debtor objected, asserting that a pending buyout of the real estate would benefit the creditor and other creditors.
Ruling: 
Stay could not be extended to cover actions against property owned by debtor's solely owned entity to recover non-consumer debt.
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Commercial case opionion summary, case decided on July 10,2012, LexisNexis #0812-001

Saracheck v. Lagoon Tech. LLC (In re Agriprocessors Inc.)

Plaintiff chapter 7 Trustee sought to recover from defendant creditor alleged fraudulent conveyances under 11 U.S.C.S. § 548, or preferential transfers under 11 U.S.C.S. § 547(b). The Complaint sought to avoid $82,060 in transfers. At trial, the Trustee's counsel withdrew the claim for preferential transfers and proceeded on the fraudulent conveyance theory of recovery under § 548(a)(1)(B). A trial was held at which the creditor failed to appear.
Ruling: 
Checks conveyed within two years of petition date for less than reasonably equivalent value could be avoided.
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Commercial case opionion summary, case decided on June 26,2012, LexisNexis #0912-128

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