Judge Tchaikovsky

In re Alcon

The Trustee sought disgorgement of fees paid to debtor's counsel.
Ruling: 
Debtor's counsel's fees ordered disgorged due to ill-advised timing of filing and numerous errors and omissions.
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Consumer case opionion summary, case decided on January 08,2010, LexisNexis #0310-003

In re Quail Lake Estates Assocs. LP

A transferee of a creditor's claim (transferee) filed a motion to dismiss a chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112(b). The debtor opposed the motion and contended that the transferee lacked standing to bring the motion to dismiss.
Ruling: 
Chapter 11 case dismissed due to debtor's failure to pay delinquent property taxes as required by plan.
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Commercial case opionion summary, case decided on December 23,2009, LexisNexis #0210-022

In re Halbrook

Creditor, the debtor's former husband, filed an objection to confirmation of the debtor's chapter 13 plan, asserting he was owed back child support and an additional $15,000 from a sanction award.
Ruling: 
Objection to confirmation based on outstanding child support overruled where creditor had not filed an adversary proceeding to determine dischargeability.
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Consumer case opionion summary, case decided on August 27,2009, LexisNexis #1009-048

In re Saigon Plaza Assn LLC

Before the court was debtor's first amended disclosure statement with regard to debtor's second amended plan. Objections to the disclosure statement were filed by a first priority deed of trust holder, the second deed of trust holders, and an interest holder of debtor. Also before the court was a motion for relief from the 11 U.S.C.S. § 362 automatic stay filed by the priority deed of trust holder so that it could proceed with a foreclosure sale.
Ruling: 
Relief from stay to proceed with foreclosure granted where debtor's second proposed plan was severely deficient.
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Commercial case opionion summary, case decided on March 24,2009, LexisNexis #0709-005

In re Militante

When, in his chapter 7 case, debtor filed a motion pursuant to 11 U.S.C.S. § 722 to redeem a vehicle by paying the secured creditor a stated amount, the creditor opposed the requested relief, asserting that debtor should be required to pay a larger sum to redeem the vehicle and also asserting that the motion to redeem was untimely based on debtor's failure to timely file a proper statement of intention (SOI) as required by 11 U.S.C.S. § 521.
Ruling: 
Dealer's right to redeem vehicle was not precluded by failure to file proper statement of intention provided debtor paid proper value to secured creditor.
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Consumer case opionion summary, case decided on February 06,2009, LexisNexis #0609-016

In re Brooks-Hamilton

Upon remand from the U.S. Court of Appeals from the Ninth Circuit, the court reconsidered its order suspending an attorney for his conduct in a bankruptcy case.
Ruling: 
Bankruptcy court reaffirmed six month suspension of attorney for misconduct on remand.
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Consumer case opionion summary, case decided on September 02,2008, LexisNexis #1108-068

In re Gunn

Movant creditor filed motion for relief from the automatic stay under 11 U.S.C.S. § 362(a)(7) so that it could exercise its state law right to offset commissions owed to respondent debtor against the creditor's pre-petition claim.
Ruling: 
Relief from stay denied as creditor could not offset postpetition obligation to debtor against debtor's prepetition debt.
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Consumer case opionion summary, case decided on August 11,2008, LexisNexis #0908-114

In re Johnson

After the court found, in a related adversary proceeding, that debtor, a husband who was later divorced from his wife, with whom he had filed a bankruptcy, had obtained confirmation of a chapter 13 plan through a fraud on the court and vacated the confirmation order, it issued an order to show cause why the husband's case should not be dismissed with prejudice on account thereof.
Ruling: 
Case dismissed for fraud due to debtor's failure to schedule large claim.
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Consumer case opionion summary, case decided on March 18,2008, LexisNexis #0408-074

Clements v. Davis-Rice (In re Davis-Rice)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), (4) and (6). The creditor moved for summary judgment, contending that she was entitled to summary judgment under each of the subsections as a matter of collateral estoppel. The debtor also moved for summary judgment.
Ruling: 
Debtor's admitted fraud and larceny were willful and malicious and resulted in nondischargeable debt.
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In re Bertel

The Office of the U.S. Trustee ("UST") moved to dismiss debtor's chapter 7 case under 11 U.S.C. § 707(a) and (b)(3). Debtor opposed, contending the section 707(b)(3) motion was untimely.
Ruling: 
Deadline for trustee's motion for dismissal for substantial abuse equitably tolled by debtor's false statements.
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