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Arizona

MacMullin v. Poach

Debtor appealed an order of the bankruptcy court for the District of Arizona that modified the automatic stay to allow proceedings to continue in state probate court. The special administrator for a decedent's estate in which the debtor had an interest filed a proof of claim for fees and costs. The bankruptcy court disallowed the claim without prejudice to his right to pursue the claim in the probate proceeding.
Ruling: 
Special administration of decedent's estate in which debtor had an interest was not a "custodian" of debtor's assets.
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Consumer case opionion summary, case decided on March 05,2009, LexisNexis #0409-071

In re First Magnus Fin. Corp.

Before the court was the contested Motion for Late Filing and Allowance of Proof of Claim and Notice of Tax Lien on behalf of Travis County, Texas, and other taxing authorities in Travis County. The County contended that it was a secured creditor, by virtue of a statutory lien for unpaid 2007 personal property taxes in the amount of $ 14,388, and was an 11 U.S.C.S. § 507(a)(8) priority creditor for any unsecured amount of such claim.
Ruling: 
County that did not receive notice of bankruptcy could file late proof of claim based on personal property tax lien.
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Commercial case opionion summary, case decided on February 25,2009, LexisNexis #0509-045

In re Roca

Plaintiff trustee filed an adversary proceeding for relief from an allegedly fraudulent transfer by debtor, an individual who filed a chapter 7 case, to defendant, debtor's elderly mother. At issue was whether plaintiff had established a right to relief under 11 U.S.C.S. § 548(a)(1) or 11 U.S.C.S. § 544(b) as well as the effect, if any, of Arizona's uniform fraudulent transfer act, Ariz. Rev. Stat. § 44-1001 on the parties' respective rights.
Ruling: 
Trustee entitled to recover one-half interest in property fraudulently transferred by debtor to elderly mother.
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Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-066

Ira v. Engle (In re Engle)

Plaintiff individual and representative creditors sued defendant chapter 11 debtor, seeking a declaration that certain debts were nondischargeable under 11 U.S.C.S. § 523, as well as a denial of discharge under 11 U.S.C.S. § 727. The debtor moved to dismiss the complaint, strike the creditors' exhibits, and for Fed. R. Civ. P. 11 sanctions. The creditors moved for leave to amend their complaint.
Ruling: 
Dischargeability proceeding filed by group of creditors dismissed where each properly had separate causes of action.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0209-044

National Retail Dev. Partners I LLC v. Maness (In re Mortgages Ltd.)

Plaintiff retail developer sued defendant chapter 11 debtor's investors in state court, alleging breach of contract on the ground that they assumed some of the debtor's obligation to fund a construction loan to the developer, and then failed to fully fund that loan. After the case was removed to the bankruptcy court, the developer moved to remand on three alternative grounds.
Ruling: 
Action against debtor's investors for failure to fund construction loan was a core proceeding.
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Commercial case opionion summary, case decided on December 11,2008, LexisNexis #0209-060

In re Berry Good LLC

Debtors filed petitions under chapter 11 of the Bankruptcy Code, and the cases were joined for administration. Debtors obtained permission to borrow $ 750,000 so they could conduct operations until the court approved a reorganization plan, and they proposed to pay a company (lender) that loaned them money postpetition, $ 288,000 on a pre-petition secured debt the lender was owed. The debtors'creditors filed objections.
Ruling: 
Chapter 11 debtor could not use postpetition loan proceeds to pay prepetition debt other than wages.
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Commercial case opionion summary, case decided on December 04,2008, LexisNexis #0209-114

In re Polkus

Chapter 7 debtors sought the rescission of a reaffirmation agreement under 11 U.S.C.S. § 524(c)(4). The creditor objected, asserting that the debtors' rescission was untimely and that the creditor had not been properly noticed in writing of the debtors' rescission.
Ruling: 
Objection to debtor's recission of reaffirmation agreement overruled.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-050

In re Dowell

A secured creditor of a chapter 13 debtor sought pre and post-confirmation adequate protection under 11 U.S.C.S. § 363(e), based on the principal balance of its loan rather than the value of its collateral.
Ruling: 
Adequate protection payments on "910 vehicle" loan were properly based on value of vehicle, not outstanding balance.
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Consumer case opionion summary, case decided on November 19,2008, LexisNexis #0109-076

In re Latone

The United States Trustee (UST) moved to have the debtor's case dismissed under the "totality of the circumstances" test of 11 U.S.C.S. § 707(b)(3). The UST argued that the debtor's case should be dismissed because he made payments on outstanding loans from his 26 U.S.C.S. § 401(k) plan (401(k) loans).
Ruling: 
Deduction for 401(k) loan payments was not grounds for dismissal.
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Consumer case opionion summary, case decided on October 23,2008, LexisNexis #0109-059

Warfield v. AdVnt Biotechnologies LLC

Defendant consultant filed a Fed. R. Civ. P. 56(c) motion for summary judgment on plaintiff buyer's third-party complaint for tortious interference with a contract.
Ruling: 
Executory contract deemed rejected as of petition date so that debtor could not maintain proceeding claiming tortious interference by third party.
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Commercial case opionion summary, case decided on September 05,2008, LexisNexis #1008-026

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