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Arizona

Huntington Natl Bank v. Marrufo (In re Marrufo)

Creditor filed a complaint against defendant chapter 7 debtors seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6).
Ruling: 
Debt relating to debtor's tender of false check was nondischargeable.
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Consumer case opionion summary, case decided on May 11,2010, LexisNexis #0810-016

Bertrand v. Countrywide Home Loans Inc. (In re Bertrand)

In plaintiff chapter 13 debtors' adversary proceeding against defendant mortgagee for an order cramming down their chapter 13 plan to allow non-debtor third parties to live in the mortgaged real estate and valuing defendant's secured claim at $512,638, plaintiffs filed various motions including motions for judgment on the pleadings, to strike answer, to disallow defenses, to enter a default, and for sanctions.
Ruling: 
Plan confirmation granted but denied with respect to mortgagee due to lack of feasibility.
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Consumer case opionion summary, case decided on April 29,2010, LexisNexis #0710-132

In re Weisband

Debtor challenged the standing of creditor, the alleged mortgage servicer on the debtor's home loan, to seek stay relief under 11 U.S.C.S. § 362(d) on his residence.
Ruling: 
Alleged mortgage servicer lacked standing to seek relief from stay.
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Consumer case opionion summary, case decided on March 29,2010, LexisNexis #0610-110

Braden Trust v. Chavez (In re Chavez)

Plaintiff creditors commenced this non-dischargeability action against defendant debtors, alleging a single cause of action, that of breach of fiduciary duty--specifically a defalcation or misappropriation of property--which was actionable under a bankruptcy statute, 11 U.S.C.S. § 523(a)(4). Before the court was debtors' motion for summary judgment as well as the creditors' motion for summary judgment.
Ruling: 
Employee's misappropriation did not give rise to nondischargeable claim for breach of fiduciary duty.
ABI Membership is required to access the full summary of Braden Trust v. Chavez (In re Chavez). 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 February 23,2010, LexisNexis #0510-056

In re R.E. Barnett & Sons Trucking Co.

Non-debtor plaintiffs sued defendants, debtor and its non-debtor principals, on state law causes of action. Non-debtor defendants (the Individual Defendants) moved to dismiss the complaint for lack of subject matter jurisdiction.
Ruling: 
State law claims against debtor that were "related to" debtor's bankruptcy could be tried in bankruptcy court along with "unrelated" claims against co-defendants.
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Commercial case opionion summary, case decided on January 22,2010, LexisNexis #0310-137

In re Hildestad

Debtors sought dismissal of their chapter 7 case and the chapter 7 trustee objected. The trustee also filed a motion to compel turnover of assets.
Ruling: 
Voluntary dismissal granted where only asset was exempt social security payment.
ABI Membership is required to access the full summary of In re Hildestad. 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 20,2010, LexisNexis #0310-129

In re Goodrich

The debtors complained of the post discharge collection efforts on a credit card debt owed to a creditor and two entities that engaged in collection activities on the creditor's behalf. The debtors moved to hold the creditor and its collection agents in contempt for willful violation of the discharge injunction granted under 11 U.S.C. § 524(a)(2). The court made findings of fact.
Ruling: 
Creditor and collection agency sanctioned for willful violation of discharge injunction.
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Consumer case opionion summary, case decided on January 20,2010, LexisNexis #0410-089

In re AVC Villa del Lago at Ocotillo DevCo LLC

In this chapter 11 case, the debtor's counsel sought an award of $ 159,383 in fees and costs under 11 U.S.C.S. § 330. A creditor objected and argued that the debtor's counsel should be awarded absolutely nothing for fees.
Ruling: 
Debtor's counsel not allowed additional fees beyond retainer where case was overworked.
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Commercial case opionion summary, case decided on January 06,2010, LexisNexis #0310-004

Cochise Agri. Props. LLC v. Ratliff Farms LLC (In re Ratliff)

Creditors brought an adversary proceeding against defendant bankruptcy debtors seeking a declaration of the interests of the creditors and the debtors in a limited liability company (LLC), and seeking a determination that a debt to the creditors arising from the debtors' operation of the LLC was nondischargeable under 11 U.S.C.S. § 523(a) based on fiduciary defalcation and willful and malicious injury.
Ruling: 
Debtor's misappropriation of funds from LLC resulted in nondischargeable debt.
ABI Membership is required to access the full summary of Cochise Agri. Props. LLC v. Ratliff Farms LLC (In re Ratliff). 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 December 07,2009, LexisNexis #0210-052

In re Carillo

The United States Trustee filed a motion to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) or (b)(3).
Ruling: 
Case ordered converted or dismissed where nondischargeable student loan debt was not a special circumstance that would rebut the presumption of abuse.
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Consumer case opionion summary, case decided on November 25,2009, LexisNexis #0110-092

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