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District of montana

Strickland v. U.S. Trustee (In re Wojcik)

Ruling
Court fined and ordered appellant to disgorge fees for the use of the words "paralegal" and"legal" in advertising her bankruptcy preparation services. (B.A.P. 9th Cir.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions; Advertising.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 30, 2016 , LexisNexis #0117-092

Samson v. Franz (In re Franz)

Ruling
Funds derived from debtor’s mother’s estate following conversion to chapter 7 were propertyof the estate, should have been surrendered and were subject to turnover. (Bankr. D. Mont.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to Trustee.

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Consumer opinion summary, case decided on October 17, 2016 , LexisNexis #1116-042

In re Red Door Lounge, Inc.

Ruling
Case converted to chapter 7 in best interests of creditors. (Bankr. D. Mont.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Commercial opinion summary, case decided on October 14, 2016 , LexisNexis #1116-057

In re Morin

Ruling
Relief from stay to allow arbitrator’s decision to proceed to final judgment denied. (Bankr. D.Mont.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on October 07, 2016 , LexisNexis #1116-007

Brandon v. Sherwood (In re Sann)

Ruling
Funds held in debtor’s attorneys’ trust account pursuant to prepetition injunction wereproperty of the estate and subject to turnover. (Bankr. D. Mont.)
Issue(s)
Was trustee entitled to turnover of funds deposited in debtor’s attorneys’ trust account prior to the petition date?

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Consumer opinion summary, case decided on August 15, 2016 , LexisNexis #0916-022

In re Norenberg

Ruling
Failure to report non-debtor spouse’s separate income, not paid on a regular basis, was notgrounds for abuse dismissal. (Bankr. D. Mont.)
Issue(s)
Should debtor’s case be dismissed for abuse where the debtor omitted income received by nonfiling spouse from the means test calculation?

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Consumer opinion summary, case decided on July 21, 2016 , LexisNexis #0816-081

In re Johnson

Ruling
Creditor's proof of claim met burden for establishing validity and amount.
Issue(s)
Did creditor's proof of claim meet creditor's burden of establishing validity and amount of the claim?

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Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-101

In re Shoot the Moon LLC

Ruling
Trustee ordered to pay all postpetition rents due creditor.
Issue(s)
Should chapter 11 trustee be compelled to immediately pay administrative rent due to landlord?

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Commercial opinion summary, case decided on April 12, 2016 , LexisNexis #0516-012

Arnot v. Endresen (In re Endresen)

Ruling
Bankruptcy court misapplied the equity exception under § 552(b)(1) by not awarding settlement funds to non-appearing lender.
Issue(s)
Did the bankruptcy court err when distributing settlement proceeds by awarding a portion to trustee rather than to non-appearing lender?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-027

In re Sann

Ruling
Debtor held in contempt for failure to turn over property in accordance with court order.
Issue(s)
Should debtor be held in contempt for failing to fully comply with a turnover order?

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Consumer opinion summary, case decided on April 05, 2016 , LexisNexis #0416-106