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In re Spokane Country Club

Ruling
Plan including sale of assets to Native American tribe free and clear confirmed. (Bankr. E.D.Wash.)
Issue(s)
Could plan including sale of assets to Native American tribe be confirmed?

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Commercial opinion summary, case decided on September 20, 2016 , LexisNexis #1016-042

Hendrickson v. HW Partners LLC (In re HW Partners LLC)

Ruling
UCC personal property rules controlled priority dispute over proceeds of sale of debtor's assets.
Issue(s)
Did UCC or recording statute control resolution of dispute over proceeds of sale of debtor's assets.

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Commercial opinion summary, case decided on September 12, 2013 , LexisNexis #1013-005

In re Vanderhouwen

Ruling
Final disbursement including payment of IRS and trustee's own fees approved.
Procedural posture

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee liquidated the estate's assets and filed a motion for authorization to make final disbursement of $ 436,000 he held for the estate. The debtor objected, challenging the trustee's proposal to distribute funds to the Internal Revenue Service (IRS) and to use the funds to pay his own fee.

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Consumer opinion summary, case decided on January 15, 2010 , LexisNexis #0310-069

U.S. Bank v. Franklin (In re Franklin)

Ruling
Credit card debt was nondischargeable due to actual fraud on part of debtors.
Procedural posture

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, objecting to the discharge of a portion of credit card debt the debtors owed to the bank. The bank asserted that a portion of the debt was nondischargeable debt based on 11 U.S.C. § 523(a)(2) and (a)(6) and sought declaratory relief for breach of contract. The court conducted a trial.

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opinion summary, case decided on September 22, 2006 , LexisNexis #1006-127

Hodges v. Armada (In re Hodges)

Ruling
Collection agency violated discharge injunction by attempting to collect a debt that was discharged.
Procedural posture

Plaintiffs, debtors, filed an adversary proceeding against defendant collection agency contending the agency's action violated the discharge injunction and provisions of the Fair Debt Collection Practices Act ("FDCPA"). The agency attempted to collect a debt for legal fees allegedly owed to the law firm that represented the debtors in their chapter 7 bankruptcy case.

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opinion summary, case decided on March 22, 2006 , LexisNexis #0406-129