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Arizona

PMM Investments LLC v. Campbell (In re Campbell)

Creditor brought an adversary proceeding against debtor seeking a determination that a debt for the creditor's capital contribution to a limited liability company (LLC) of the which the debtor was a manager was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud and embezzlement.
Ruling: 
Debt for creditor's capital contribution to LLC of which debtor was manager was nondischargeable based on debtor's embezzlement.
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Consumer case opionion summary, case decided on March 31,2013, LexisNexis #0513-046

Clear Peak Energy Inc. v. Southern Cal. Edison Co. (In re Clear Peak Energy Inc.)

Debtor, a constructor filed a motion to determine the applicability of the automatic stay. The sole issue to be determined was whether the power purchase and sale agreement entered into between debtor and respondent electric utility constituted a forward contract that was not subject to the provisions of the automatic stay pursuant to 11 U.S.C.S. § 362(b)(6).
Ruling: 
Renewable power purchase and sale agreement with debtor was a forward contract not subject to stay.
ABI Membership is required to access the full summary of Clear Peak Energy Inc. v. Southern Cal. Edison Co. (In re Clear Peak Energy 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 February 26,2013, LexisNexis #0613-040

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 Bennitt

A chapter 7 trustee applied for an order to show cause why the debtors should not be held in contempt of court for failure to comply with a consent order resolving the U.S. Trustee's order to show cause against the debtors for failure to comply with a consent order requiring turnover of estate assets in the form of insurance proceeds.
Ruling: 
Debtors held in contempt for failure to comply with show cause order.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0313-001

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

Cunningham v. Fisher (In re Fisher)

Plaintiff, the executor of a debtor's father's estate, filed a complaint against defendant chapter 13 debtor seeking a nondischargeability judgment under 11 U.S.C.S. § 523(a)(4) for an alleged breach of fiduciary duty and embezzlement.
Ruling: 
Creditor was entitled to nondischargeable claim for small portion of funds withdrawn from bank account with power of attorney in fiduciary defalcation.
ABI Membership is required to access the full summary of Cunningham v. Fisher (In re Fisher). 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 January 22,2013, LexisNexis #0213-052

In re Manstone Countertops LLC

The court entered an order directing an attorney to show cause why he should not be removed as counsel for jointly administered chapter 11 cases.
Ruling: 
Attorney removed as counsel for jointly administered chapter 11 cases due to failure to obey court directives.
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Commercial case opionion summary, case decided on January 17,2013, LexisNexis #0213-036

In re Wright

Debtor filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for repaying his creditors. The court granted a bank's motion for relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy, and after property the debtor owned was sold, the bank filed claims seeking payment of amounts that remained on two loans. The debtor filed an objection to the bank's claims.
Ruling: 
Bank's deficiency claim disallowed as invalid under state law.
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Consumer case opionion summary, case decided on December 28,2012, LexisNexis #0113-075

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 Jones

Chapter 7 trustee filed a motion to sell real property free and clear of all liens and encumbrances pursuant to 11 U.S.C.S. § 363(f).
Ruling: 
Property vested in debtors upon death of grantor three days after petition date was property of the estate and could be sold by trustee.
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Consumer case opionion summary, case decided on December 13,2012, LexisNexis #0113-053

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