Judge Tchaikovsky

In re Poole

In a Chapter 13 debtor's second bankruptcy case pending within a single year, the debtor sought an extension of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3). A secured creditor objected to the extension on the ground that the case was filed in bad faith. Also pending were the debtor's motion to convert the case to chapter 11 and the creditor's oral motion to quash a subpoena issued by the debtor.
Ruling: 
Court declined to extend stay in debtor's second bankruptcy case in one year due to bad faith.
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Consumer case opionion summary, case decided on July 14,2010, LexisNexis #1010-042

First Republic Bank v. Mirner (In re Mirner)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that the debtors owed the bank a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling: 
Debtor's removal of fixtures prior to foreclosure resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on July 02,2010, LexisNexis #1010-018

In re Michael H. Clement Corp.

On December 16, 2009, special counsel for debtor filed an application requesting interim allowance and payment of fees and costs incurred post-petition. An amended application (the Amended Application) was filed on February 11, 2010. Both the original application and the Amended Application were opposed by trustees of a revocable trust. The Amended Application was pending decision following a hearing and post-hearing briefs.
Ruling: 
Attorneys' fees of debtor's special counsel approved with reduction for fees not reasonably benefitting estate.
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Commercial case opionion summary, case decided on May 03,2010, LexisNexis #0710-108

In re Kelly

Movant creditor, a homeowner's association, filed a motion for relief from the automatic stay in debtor's chapter 13 case. The creditor sought relief from stay in order to record a lien against debtor's real property and foreclose on that lien, as well as to file a lawsuit against debtor to collect unpaid homeowner's assessments. The motion for relief came on for hearing on February 22, 2010.
Ruling: 
Creditor granted relief from stay to file and foreclose on lien against real property but not to collect personally from debtor.
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Consumer case opionion summary, case decided on April 28,2010, LexisNexis #0710-110

In re Gbadebo

The chapter 11 debtor presented his plan of reorganization for an evidentiary confirmation hearing. A judgment creditor filed an objection and a negative vote on the plan, asserting lack of good faith on the debtor's part and failure to satisfy 11 U.S.C.S. § 1129(a)(15). The size of his claim, as compared to the holders of other general, unsecured claims, made his vote determinative of the class vote.
Ruling: 
Plan confirmation denied due to unreasonable home and vehicle payments, manipulation of reported income and failure to meet absolute priority rule.
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Consumer case opionion summary, case decided on April 16,2010, LexisNexis #0710-058

Uecker & Assocs. v. Tenet Healthsystem Hosps. Inc. (In re West Contra Costa Healthcare Dist.)

Plaintiff, a trustee of a trust for the benefit of creditors under a confirmed plan, filed a complaint pursuant to 11 U.S.C.S. § 548(a)(1)(B) against defendant creditor to avoid and recover certain lease payments made prepetition by a chapter 9 debtor to the creditor and to object to the creditor's claim unless the payments were repaid. The creditor filed a motion for summary judgment, and the trustee filed a motion for partial summary judgment.
Ruling: 
Sublease payments by chapter 9 debtor were not avoidable absent proof of insolvency at time sublease was entered.
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Commercial case opionion summary, case decided on March 26,2010, LexisNexis #0610-127

In re Drocco

The creditors sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to proceed with a state court ejectment action against a chapter 13 debtor.
Ruling: 
Relief from stay granted to allow creditor to proceed with ejectment action.
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Consumer case opionion summary, case decided on February 25,2010, LexisNexis #0510-041

In re LCGI Fairfield LLC

A creditor filed a motion to dismiss a jointly administered chapter 11 case on the grounds that the case was filed in bad faith, that there were independent grounds to dismiss the case under 11 U.S.C.S. § 1112(b), and that the court should abstain from hearing the case under 11 U.S.C.S. § 305. The debtors opposed the motion and also asserted that the motion was barred by laches.
Ruling: 
Single asset real estate cases were not filed in bad faith.
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Commercial case opionion summary, case decided on February 23,2010, LexisNexis #0510-062

In re Trautner

The chapter 7 trustee filed an objection to a claim submitted by a claimant. The proof of claim (POC) asserted an unsecured nonpriority claim in the amount of $ 101,500. The claimant opposed the objection.
Ruling: 
Claim for damages for unauthorized showing of boxing match allowed in reduced amount.
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Consumer case opionion summary, case decided on January 13,2010, LexisNexis #0310-080

In re Lipid Scis. Inc.

Pending was the second fee application of a law firm employed by the chapter 7 trustee as special counsel to provide services in connection with an Office Action in a U.S. Patent Application. The Office of the U.S. Trustee (UST) filed an objection to the second fee application and a corrected objection (collectively the UST Objection). The UST Objection objected to the request to be reimbursed for costs consisting of payments to foreign counsel.
Ruling: 
Special counsel's fee application for patent services by foreign counsel denied without prejudice as incomprehensible.
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Commercial case opionion summary, case decided on January 13,2010, LexisNexis #0310-075

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