per curiam

Ransom v. MBNA America Bank (In re Ransom)

The U.S. Bankruptcy Court for the District of Nevada denied confirmation of a chapter 13 plan filed by appellant debtor. The denial was based upon the fact that debtor sought to take deductions for vehicle ownership expenses as part of the calculation of his projected disposable income, when in fact he had no such expenses. A motions panel of the Bankruptcy Appellate Panel granted leave for debtor's appeal under 28 U.S.C. § 158(a)(3), (b).
Ruling: 
Certification to 9th Circuit Court of Appeals on issue of whether debtor could not claim disposable income deduction for expenses on vehicles owned free and clear.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0308015

Friendly Fin. Service v. Dorsey (In re Dorsey)

Appellant creditor appealed a judgment of the District Court for the Western District of Louisiana affirming a bankruptcy court judgment which dismissed the creditor's adversary complaint against appellee debtor in which the creditor sought to deny the debtor's discharge under 11 U.S.C. § 727 or to hold the debtor's debt to it non-dischargeable under 11 U.S.C. § 523.
Ruling: 
Bankruptcy court erred in holding that creditor lacked standing to object to discharge.
Court: 5th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on October 23,2007, LexisNexis #1107-067

In re APW Enclosure Sys.

Debtor's counsel filed a final application for compensation.
Ruling: 
Debtor's attorneys' fees disallowed due to failure to follow procedures and lack of preparation.
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Official Comm. of Unsecured Creditors v. Halifax Fund LP (In re AppliedTheory Corp.)

Appellant committee of unsecured creditors (committee) sought authorization to assert a claim of equitable subordination under 11 U.S.C. § 510(c) against various lenders. The chapter 11 trustee investigated the claim and concluded it lacked merit. The bankruptcy court denied the committee permission to pursue the claim. The District Court for the Southern District of New York affirmed the bankruptcy court's order. The committee appealed.
Ruling: 
Committee's request for leave to pursue equitable subordination denied as not in best interests of estate and not necessary for fair and efficient resolution.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Segarra Miranda v. Garrido Pagan (In re Garrido Jimenez)

Defendant transferees appealed a decision of the Bankruptcy Court for the District of Puerto Rico that granted summary judgment in favor of plaintiff chapter 7 trustee. The issue was whether the trustee was entitled to avoid the prepetition transfer of real estate to the transferees where the deed was not recorded until after the commencement of the debtor's bankruptcy case.
Ruling: 
Trustee could avoid prepetition transfer of real estate that was not recorded until after petition date.
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Jones v. Boston Gas Co. (In re Jones)

Appellant debtor sought review of an order of the Bankruptcy Court for the District of Massachusetts, which denied her claim for sanctions against appellee utility and determined that the utility's termination of her gas service for failure to pay postpetition bills was permitted by 11 U.S.C. § 366(b) and did not violate the automatic stay under 11 U.S.C. § 362.
Ruling: 
Utility could discontinue debtor's gas service for failure to make postpetition payments.
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Florida Dept of Revenue v. Piccadilly Cafeterias Inc. (In re Piccadilly Cafeterias Inc.)

Plaintiff Florida Department of Revenue ("DOR") appealed the affirmance by the District Court for the Southern District of Florida of a bankruptcy court's decision granting defendant debtor a stamp-tax exemption pursuant to 11 U.S.C. § 1146(c) on the sale of the debtor's assets.
Ruling: 
Stamp-tax exemption for preconfirmation sale of assets affirmed.
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Kibbe v. Sumski (In re Kibbe)

Appellant debtor challenged an order of the Bankruptcy Court for the District of New Hampshire denying confirmation of her chapter 13 plan. Appellee was the chapter 13 trustee.
Ruling: 
Bankruptcy court properly calculated "projected disposable income" in rejecting debtor's plan.
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Jumpp v. Chase Home Fin. LLC (In re Jumpp)

Chapter 13 debtor appealed a decision of the Bankruptcy Court for the District of Massachusetts, which denied debtor's motion for a determination and declaratory judgment as to the continuation and existence of the automatic stay, 11 U.S.C. § 362, and a motion to reimpose the stay.
Ruling: 
Stay in debtor's second chapter 13 case in one year did not terminate after 30 days with respect to property of the estate.
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Fibreboard Corp. v. Celotex Corp. (In re Celotex Corp.)

Plaintiff corporation appealed a summary judgment issued by the District Court for the Middle District of Florida that affirmed a bankruptcy court's determination that plaintiff could not bring a subrogation claim against defendant debtor in bankruptcy proceedings under either 11 U.S.C. § 509(b)(2) of the Bankruptcy Code or Florida common law.
Ruling: 
Party primarily responsible for asbestos injury was not entitled to subrogation against debtor.
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