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Judge Marlar

Kaplan v. Levine (In re Levine)

At issue was an award of reasonable attorneys' fees and interest to be paid by debtors to creditor that were incurred in the collection of a $155,000 settlement payment, which had not been fully nor timely paid on the effective date.
Ruling: 
Creditor's attorneys' fees incurred by second firm in collection action duplicating services of original counsel disallowed.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-005

In re Padilla

A creditor secured by a bankruptcy debtor's real property objected to the debtor's plan to cram down the creditor's claim and filed an election under 11 U.S.C.S. § 1111(b) to have its claim treated as fully secured. The debtor contended that the notice of election was not timely filed before the conclusion of the hearing on the debtor's disclosure statement.
Ruling: 
Election of fully secured status filed before final order on disclosure statement hearing was timely.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0313-025

Huggins v. Skinner (In re Skinner)

Plaintiffs were purchasers of a 1932 automobile from defendant debtors. Plaintiffs brought a non-dischargeability action pursuant to 11 U.S.C.S. § 523(a)(2)(A) against debtors. Pending was the court's judgment.
Ruling: 
Debt to purchaser of automobile was nondischargeable as debtor falsely represented ability to pay off lien against vehicle.
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Consumer case opionion summary, case decided on December 13,2012, LexisNexis #0113-049

In re Babylon LLC

Before the court was the chapter 11 debtor's request to confirm its plan of reorganization.
Ruling: 
Plan confirmed as feasible where small business had operated successfully until original location was destroyed by fire.
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Commercial case opionion summary, case decided on December 03,2012, LexisNexis #1212-129

In re Duncan

Creditors filed an adversary proceeding objecting to defendant chapter 11 debtors' discharge. The debtors filed a motion for summary judgment.
Ruling: 
Individual creditor could not proceed on objection to plan under §1141(d)(3) without satisfying all three subsections.
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Consumer case opionion summary, case decided on November 06,2012, LexisNexis #1112-131

In re Hymel

After a creditor filed a stay relief motion alleging a payment default, the parties entered into a stipulation. The chapter 11 debtor objected to the creditor's claim in an increased amount, contending that the stipulation addressed and resolved the question of postpetition arrearages.
Ruling: 
Creditor's claim in increased amount from that claimed in stipulation disallowed on debtor's objection.
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Consumer case opionion summary, case decided on September 13,2012, LexisNexis #1012-029

In re Commercial V.H. S.A. de C.V.

Before the court was a contested application to recognize a chapter 15 foreign proceeding and the foreign representative. An objection was filed by two defendants in a pending action in a state court.
Ruling: 
Mexican insolvency proceeding recognized as foreign main proceeding over objection on public policy grounds.
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Commercial case opionion summary, case decided on September 13,2012, LexisNexis #1012-067

In re MMP 10180 LLC

Two creditors with claims against one or more of three chapter 11 debtors, being two individuals and an LLC that was a restaurant owned and operated by the individuals, asked the court to address, interpret and clarify a joint plan of reorganization that debtors had proposed and that the court had previously confirmed in an order that was not appealed and thus was final.
Ruling: 
Creditor's motion for clarification of plan denied as not raised prior to confirmation.
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Commercial case opionion summary, case decided on June 11,2012, LexisNexis #0712-093

Campos v. Beck (In re Beck)

Proceedings were held on plaintiff car buyer's (creditor's) complaint pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(6), to determine the dischargeability of a debt. Defendants were a husband and wife (debtors) who were the sole equity owners of an entity doing business as a car dealership.
Ruling: 
Debt was nondischargeable due to debtor's misappropriation of creditor's funds which were converted by debtor's car dealership.
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Consumer case opionion summary, case decided on June 11,2012, LexisNexis #0712-048

National Bank of Ariz. v. Turnkey Dev. LLC (In re Turnkey Dev. LLC)

Two secured creditors of chapter 11 debtor filed motions to lift the automatic stay imposed by 11 U.S.C.S. § 362(a) on two separate and unrelated parcels.
Ruling: 
Stay lifted as to two parcels of real estate where debtor's plan was purely speculative and properties lacked equity.
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Commercial case opionion summary, case decided on March 07,2012, LexisNexis #0412-043

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