Judge Mahoney

In re Kovarik

Hearing was held on the chapter 7 trustee's motion to avoid a creditor's lien and the creditor's objection thereto.
Ruling: 
Vehicle lien granted within 90 days of petition date and more than 30 days after debtors took possession could be avoided.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #1008-083

In re Acceptance Ins. Co.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. As a debtor-in-possession, the debtor filed a motion for an order under 11 U.S.C.S. § 1121(d) to further extend the debtor's exclusive periods within which to file and solicit acceptances of a plan of reorganization.
Ruling: 
Extension of exclusive period to file and solicit plan acceptances denied absent good cause.
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Commercial case opionion summary, case decided on August 20,2008, LexisNexis #1008-102

Seaver v. Burwell Family L.P. (In re Burwell)

Two entities, a limited partnership and a limited liability company both associated with the debtor, appealed from an order of the United States Bankruptcy Court for the District of Minnesota, that entered a default judgment against each entity finding that each was the alter ego of the individual debtor, and which ordered the assets of the entities to be included in the bankruptcy estate.
Ruling: 
Bankruptcy court properly granted trustee's motion for turnover of assets of entities deemed to be debtor's alter egos used to defraud creditors.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0808-106

In re Hegr

The debtors filed for relief under chapter 13 of the Bankruptcy Code. An interested party filed a motion for approval of the sale of business assets. The debtor wife objected to the motion for approval of a sale and sought turnover of certain property items.
Ruling: 
Sale of debtor's business assets approved over debtor' spouse's objection with spouse allowed turnover of personal property items.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #0908-042

In re Loseke

Debtors asserted that a pre-petition creditor, acting through a debt collection agency, violated the automatic stay by making a threatening telephone call during which the caller verbally abused the debtors and coerced a payment of $ 300 by threatening criminal sanctions.
Ruling: 
Threatening calls by debt collection agent was a willful violation of stay.
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Consumer case opionion summary, case decided on July 17,2008, LexisNexis #0908-074

In re Millard

The debtors filed a motion to avoid a creditor's judgment lien, pursuant to 11 U.S.C.S. § 522(f) and the Nebraska homestead exemption statute, Neb. Rev. Stat. § 40-101 et seq.
Ruling: 
Creditor's lien avoided as impairing debtors' homestead exemption.
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Consumer case opionion summary, case decided on June 04,2008, LexisNexis #0708-048

In re Borders

A debtor filed for relief under chapter 7 of the Bankruptcy Code, and the matter was converted to a chapter 13 proceeding. The debtor submitted a proposed plan for confirmation. The trustee objected to the plan, pursuant to 11 U.S.C.S. § 1325(b)(4)(A), based on the proposed commitment period.
Ruling: 
Below median debtor properly calculated income and could propose plan with three-year commitment period.
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Consumer case opionion summary, case decided on April 30,2008, LexisNexis #0808-085

In re Steele

A debtor filed a motion to dismiss a chapter 7 bankruptcy case. The trustee objected to the motion.
Ruling: 
Voluntary dismissal to allow debtor beneficiary to settle with creditors using proceeds of decedents estate denied.
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Consumer case opionion summary, case decided on April 17,2008, LexisNexis #0608-012

In re Kuluvar Realty Enters. LLC

A creditor (bank), which held a deed of trust on improved real property owned by debtor realty company, moved to dismiss debtor's chapter 11 case for cause within the meaning of 11 U.S.C.S. 1112(b)(4)(A) or asked, in the alternative, for the court to convert the case to a chapter 7. Debtor filed an objection.
Ruling: 
Case dismissed for cause due to debtor's failure to make sufficient adequate protection payments or arrange for sale of real property.
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Commercial case opionion summary, case decided on April 08,2008, LexisNexis #0508-051

In re Kuluvar Realty Enters. LLC

A creditor (bank), which held a deed of trust on improved real property owned by debtor realty company, moved to dismiss debtor's chapter 11 case for cause within the meaning of 11 U.S.C.S. 1112(b)(4)(A) or asked, in the alternative, for the court to convert the case to a chapter 7. Debtor filed an objection.
Ruling: 
Case dismissed for cause where there was no reasonable likelihood of rehabilitation.
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Commercial case opionion summary, case decided on April 08,2008, LexisNexis #0508-124

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