per curiam

Crumpton v. Stephens (In re Northlake Foods Inc.)

Bankruptcy trustee filed a complaint claiming that a transfer to shareholder was a fraudulent transfer subject to avoidance and recovery by the trustee. The bankruptcy court ruled that the shareholder was entitled to judgment on the pleadings. The bankruptcy court dismissed the trustee's amended complaint. The U.S. District Court for the Middle District of Florida affirmed the bankruptcy court's orders. The trustee appealed.
Ruling: 
Debtor's S-corporation election constituted reasonably equivalent value for transfer.
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Commercial case opionion summary, case decided on May 06,2013, LexisNexis #0513-128

Allison v. Dean (In re Dean)

Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4) to have his debts discharged, and that a judgment they obtained against the debtor in an Alabama court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling: 
Debts resulting from debtor's negligence were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on April 10,2013, LexisNexis #0513-024

Michigan State Univ. v. Asbestos Settlement Trust (In re Celotex Corp.)

After debtor's Asbestos Settlement Trust paid plaintiff colleges' claims, a bankruptcy court (BC) denied the colleges' motion for leave to sue on breach of fiduciary duty and related claims in a forum allowing a jury trial, holding the BC had exclusive jurisdiction under 11 U.S.C.S. § 524(g) and the confirmed plan. The U.S. District Court for the Middle District of Florida dismissed the colleges' appeal. The colleges appealed.
Ruling: 
Bankruptcy court finding that it had exclusive jurisdiction over claims against asbestos settlement trust was not a final appealable order.
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Commercial case opionion summary, case decided on November 06,2012, LexisNexis #1112-140

Tovar v. Heritage Pac. Fin. LLC (In re Tovar)

Debtor challenged an order of the United States Bankruptcy Court for the Central District of California, that entered judgment against him with respect to a nondischargeability claim under 11 U.S.C.S. § 523(a)(2)(B), and in favor of creditor, the holder of a promissory note upon which the debtor had defaulted.
Ruling: 
Holder who purchased note from original lender was entitled to seek declaration of nondischargeability on grounds of fraudulent representations in loan application.
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Consumer case opionion summary, case decided on August 03,2012, LexisNexis #0812-119

Davis v. Bank of Am. (In re Davis)

Chapter 12 debtor appealed from an order of the United States Bankruptcy Court for the Central District of California, that determined she was ineligible to be a debtor in a chapter 12 bankruptcy, and dismissed her case. Debtor argued that, in light of her recent prior chapter 7 discharge, only the portion of secured debt up to the value of collateral should count in determining her chapter 12 eligibility under 11 U.S.C.S. § 101(18).
Ruling: 
Chapter 12 case properly denied due to debt in excess of limits.
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Consumer case opionion summary, case decided on August 03,2012, LexisNexis #0812-106

Lopez v. Post-Effective Date Comm. of Creditors (In re Valley Health Sys.)

Appellant creditor, a participant in chapter 9 debtor's retirement plan, appealed from orders of the United States Bankruptcy Court for the Central District of California, that sustained an objection to, and entered an order disallowing, creditor's claim. The confirmed chapter 9 plan of adjustment specified that any claims held by retirement plan participants would not be entitled to receive any distributions.
Ruling: 
Retirement plan participant precluded from pursuing claim due to terms of confirmed chapter 9 plan.
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Commercial case opionion summary, case decided on August 03,2012, LexisNexis #0812-131

Danner v. United States Trustee (In re Danner)

Debtors' attorney appealed from orders of the United States Bankruptcy Court for the District of Idaho, that denied his applications for employment. In each case, the attorney disclosed that he had received an advance payment retainer from the debtors. The court determined that each was actually a security retainer, each was property of the estate, and was each subject to approval and authorization pursuant to 11 U.S.C.S. § 330.
Ruling: 
Debtor's attorney's application for employment properly denied due to failure to seek approval of fee arrangements.
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Consumer case opionion summary, case decided on July 31,2012, LexisNexis #0912-005

Roasdo v. Pablos (In re Rosado)

Chapter 7 debtor challenged a decision of the United States Bankruptcy Court for the District of Puerto Rico, which dismissed his chapter 7 case pursuant to 11 U.S.C.S. § 707(a).
Ruling: 
Dismissal reversed as moot after discharge had been granted on prior remand from bankruptcy appellate panel.
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Consumer case opionion summary, case decided on June 29,2012, LexisNexis #0712-130

Samson v. Western Capital Partners LLC (In re Blixseth)

Appellant, the trustee in a chapter 7 case, filed a motion in bankruptcy court to enforce the automatic stay under 11 U.S.C.S. § 362 against appellee creditor. The bankruptcy court denied the motion, and the United States Bankruptcy Appellate Panel for the Ninth Circuit affirmed. The trustee appealed.
Ruling: 
Stay terminated as to all personal property securing creditor's claim, not just scheduled property, where debtor failed to file a statement of intention.
Court: 9th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on June 21,2012, LexisNexis #0712-046

Alliant Natl Title Ins. Co. v. Larson (In re Larson)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors who were under criminal investigation related to a debt to the creditor, seeking a determination that the debt was nondischargeable. The debtors moved for leave to appeal the interlocutory order of the bankruptcy court for Colorado which denied the debtors' motion to stay the proceedings based on self-incrimination concerns.
Ruling: 
Leave to appeal order for stay of nondischargeability proceeding due to debtors' fears of self- incrimination denied.
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Consumer case opionion summary, case decided on March 09,2012, LexisNexis #0412-067

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