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In re Vanns Inc.

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.
Procedural posture

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).

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Commercial opinion summary, case decided on May 21, 2013 , LexisNexis #0613-039

Harvey v. AllianceOne Receivables Mgmt.

Ruling
There is no private right of action under §524.
Procedural posture

Plaintiff bankruptcy debtor sued defendant debt collector for alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the Washington State Consumer Protection Act. The debt collector moved to dismiss.

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Consumer opinion summary, case decided on July 18, 2011 , LexisNexis #0811-054

Fry v. Dinan (In re Dinan)

Ruling
Claim disallowed due to state law providing that creditor was deemed paid in full upon repossession and sale of collateral.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, seeking a judgment that a debt the debtors owed was nondischargeable under 11 U.S.C.S. § 523(a)(14), an order denying the debtors' discharge under 11 U.S.C.S. § 727(a). The case was tried to the court.

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Consumer opinion summary, case decided on March 01, 2010 , LexisNexis #0510-117

In re Mosser

Ruling
Case dismissed for bad faith as filed for sole purpose of delaying creditors.
Procedural posture

A debtor filed for relief under chapter 11. Three creditors filed motions to dismiss, pursuant to 11 U.S.C.S. § 1112(b). The Montana Department of Revenue (MDOR) joined the motion to dismiss.

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Consumer opinion summary, case decided on May 13, 2009 , LexisNexis #0709-019

In re Blixseth

Ruling
Stay modified to allow creditor to proceed against vehicles in which there was not equity cushion and which were not necessary to reorganization.
Procedural posture

A debtor filed for relief under chapter 11 of the Bankruptcy Code. A creditor filed a motion to modify the stay, pursuant to 11 U.S.C.S. § 362(d)(1) and (2), and to compel compliance with 11 U.S.C.S. § 327. The debtor objected to the motions.

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Consumer opinion summary, case decided on May 11, 2009 , LexisNexis #0709-008

In re Van Nice

Ruling
Attorneys' fee reduced due to unnecessary preparation and filing of alternative plan and collection of settlement from creditor.
Procedural posture

The debtors filed for relief under chapter 13. Counsel for the debtors filed an amended application for professional fees and costs. The trustee objected to the application. The court held a hearing and issued findings of fact and conclusions of law.

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Consumer opinion summary, case decided on October 22, 2007 , LexisNexis #1107-107

In re Hayes

Ruling
Creditors' objections to confirmation overruled where plan specifically accepted amounts including interest as set forth on proof of claim.
Procedural posture

Two secured creditors objected to the amended chapter 13 plan proposed by debtors on the grounds that the plan payments did not include all interest due to the date of confirmation.

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Consumer opinion summary, case decided on October 12, 2007 , LexisNexis #1207-019