Montana

In re Center Field Props. LLC

Creditor of chapter 11 debtor filed a motion for payment of a sum as a post- petition administrative claim under 11 U.S.C.S. § 503(b)(1)(A) based on a license agreement with the debtor. The debtor filed an objection to the amount requested.
Ruling: 
Creditor entitled to administrative expense claim for portion of fee earned between petition date and rejection of licensing agreement.
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Commercial case opionion summary, case decided on July 03,2013, LexisNexis #0713-114

In re Luedtke

Chapter 13 trustee objected to confirmation of the debtors' plan under the "disposable income" requirement of 11 U.S.C.S. § 1325(b)(1).
Ruling: 
Old vehicle expense consistent with IRS guidelines could be deducted from disposable income calculation.
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Consumer case opionion summary, case decided on June 17,2013, LexisNexis #0713-133

In re Bodeker

A chapter 7 trustee filed a notice of intent to sell gold and silver of the estate at private sale. The debtor objected on the grounds that the trustee's search of his home for his gold and silver was an illegal search and seizure under the Fourth Amendment to the U.S. Constitution.
Ruling: 
Trustee's search of debtor's home for undisclosed gold, silver and other assets did not violate the Fourth Amendment.
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Consumer case opionion summary, case decided on June 07,2013, LexisNexis #0713-096

Estate of Earl Cournage v. Warburton (In re Warburton)

A decedent's estate filed an adversary proceeding. The estate objected to the discharge of defendant debtors under 11 U.S.C.S. § 727(a)(1) and (a)(3), and sought an exception from the debtors' discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6).
Ruling: 
Discharge denied due to concealment of property and financial records from decedent's estate.
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Consumer case opionion summary, case decided on May 21,2013, LexisNexis #0613-064

In re Vanns Inc.

A chapter 7 trustee filed an objection to final applications for fees and costs filed by two law firms pursuant to 11 U.S.C.S. § 330(a)(3).
Ruling: 
Law firms in case converted to chapter 7 from chapter 11 ordered to split remainder of professional fee carve out as reasonable final award.
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Commercial case opionion summary, case decided on May 21,2013, LexisNexis #0613-039

In re Jirsa

A hearing was held on confirmation of the debtors' third amended chapter 13 plan and on their amended motion to reject an executory contract, or in the alternative, to determine that the executory contract was terminated.
Ruling: 
Lease with option to purchase avoided as purchase price was less than equivalent value of property.
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Consumer case opionion summary, case decided on May 20,2013, LexisNexis #0613-061

Werner v. Gilbert (In re Gilbert)

Judgment creditor sent a letter to the court which asked the court to find that chapter 7 debtor owed her a debt in the amount of $6,680 that was nondischargeable in bankruptcy. The court treated the letter as a complaint, found that the creditor was seeking relief under 11 U.S.C.S. § 523(a)(2)(A), and held a trial on issues the creditor raised.
Ruling: 
Nondischargeability proceeding dismissed where creditor did not rely on debtor's false representations in lending money.
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Consumer case opionion summary, case decided on May 03,2013, LexisNexis #0513-119

Cini v. Viscomi & Gersh PLLP (In re Cini)

Debtor brought an adversary proceeding against defendant attorney who represented the debtor's former spouse in divorce proceedings, seeking a determination of the validity and priority of interests in a trust fund of damages awarded or to be awarded to the debtor and the spouse arising from an automobile accident.
Ruling: 
Debtor's purchase of former spouse's interest in trust fund at sheriff's sale was valid and interest was property of the estate.
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Consumer case opionion summary, case decided on May 03,2013, LexisNexis #0513-124

In re Warwood

Debtor filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for paying his creditors. A mortgage company and other creditors filed an objection to the debtor's plan, and the court held a hearing on the debtor's motion seeking confirmation of his plan and the creditors' objection.
Ruling: 
Feasible plan for which at least one impaired creditor class had voted confirmed over objection of creditor that would be subject to interest rate cramdown.
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Consumer case opionion summary, case decided on April 22,2013, LexisNexis #0513-065

Hunt v. Bailey (In re Bailey)

Parents filed an adversary proceeding chapter 7 debtor, their son, seeking a determination that a claim in the amount of $169,440 they filed against their son's bankruptcy estate was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The parents filed a motion for summary judgment.
Ruling: 
Judgment claim based on state court finding of fraud was nondischargeable.
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Consumer case opionion summary, case decided on April 02,2013, LexisNexis #0413-123

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