Judge Mahoney

Pilot v. Alesco Preferred Funding XV Ltd. (In re First Baldwin Bancshares Inc.)

Ruling: 
Subordination agreement in favor of special purpose entity allowed.
ABI Membership is required to access the full summary of Pilot v. Alesco Preferred Funding XV Ltd. (In re First Baldwin Bancshares 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 September 30,2013, LexisNexis #1013-081

In re Negus-Sons Inc.

Ruling: 
Trustee entitled to payment of fees from non-estate ERISA plan assets for administration and liquidation of plans.
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Commercial case opionion summary, case decided on August 30,2013, LexisNexis #0913-124

In re Bradley

Ruling: 
Student loan debt could constitute "special circumstances" to rebut presumption of abuse.
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Consumer case opionion summary, case decided on August 30,2013, LexisNexis #0913-125

Andrews v. RBL LLC (In re Vista Bella Inc.)

Ruling: 
Assignment of note and mortgage was not an avoidable transfer due to debtor's retention of interest.
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Commercial case opionion summary, case decided on August 09,2013, LexisNexis #0913-022

Lor v. United States Bank (In re Lor)

Ruling: 
Chapter 13 debtor could strip off unsecured junior lien upon successful completion of plan.
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Consumer case opionion summary, case decided on July 30,2013, LexisNexis #0813-100

In re M&M Mktg. LLC

Ruling: 
Creditor's claim allowed in part despite disclaimer of interest in subject assets by debtor one month before executing note.
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Commercial case opionion summary, case decided on July 30,2013, LexisNexis #0813-079

Stalnaker v. Allison (In re Tri-State Fin. LLC)

Trustee filed an application for compensation and statement of fees relating to an adversary proceeding filed against defendant members to determine the ownership of certain funds recovered in a South Dakota bankruptcy case. Objections were filed to the application.
Ruling: 
Trustee allowed fees incurred in adversary proceeding to determine ownership of funds.
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Commercial case opionion summary, case decided on May 21,2013, LexisNexis #0613-112

In re Poole

A debtor's former spouse filed an objection to confirmation of his proposed chapter 13 plan on the grounds that the plan treated three obligations as general unsecured claims that the former spouse alleged were each in the nature of support and thus, nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15).
Ruling: 
Confirmation denied due to unsecured treatment of nondischargeable claims in the nature of support.
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Consumer case opionion summary, case decided on April 03,2013, LexisNexis #0513-053

Pelstar Dev. LLC v. Pelshaw (In re Pelshaw)

Plaintiff, a limited liability company (LLC), brought an adversary proceeding against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4). Judgment was pending following a trial.
Ruling: 
Note representing LLC funds owed by debtor for personal expenses was nondischargeable.
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Consumer case opionion summary, case decided on March 15,2013, LexisNexis #0713-051

In re Rattler

Debtor's chapter 13 matter was before the court pursuant to a creditor's Motion to Allow Administrative Claim related to debtor's failure to meet her obligations to pay rent under a post-petition residential lease.
Ruling: 
Administrative expense claim allowed for debtor's postpetition rental arrearage.
ABI Membership is required to access the full summary of In re Rattler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-112

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