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Eastern District

In re Coonfeld

Ruling: 
Plan could not force lender to accept transfer of title to condominium on which ongoing assessments were dischargeable.
ABI Membership is required to access the full summary of In re Coonfeld. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2014, LexisNexis #1014-099

Thorpe v. Conant (In re Conant)

Ruling: 
Discharge revoked due to misrepresentation of ownership interest in assets.
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Consumer case opionion summary, case decided on March 06,2014, LexisNexis #0614-064

Cappello Capital Corp. v. AmericanWest Bank (In re AmericanWest Bancorporation)

Ruling: 
Debtor's attorneys' fees approved as reasonable.
ABI Membership is required to access the full summary of Cappello Capital Corp. v. AmericanWest Bank (In re AmericanWest Bancorporation). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 13,2013, LexisNexis #1213-073

Kriegman v. Briscone (In re LLS Am. LLC)

Ruling: 
Transfers made as part of Ponzi scheme were fraudulent.
ABI Membership is required to access the full summary of Kriegman v. Briscone (In re LLS Am. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 22,2013, LexisNexis #1113-058

Kassa Ins. Servs. V. Pugh (In re Pugh)

Ruling: 
Fees reduced after review of block billing invoices.
ABI Membership is required to access the full summary of Kassa Ins. Servs. V. Pugh (In re Pugh). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 17,2013, LexisNexis #1113-079

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.
ABI Membership is required to access the full summary of Hendrickson v. HW Partners LLC (In re HW Partners LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 12,2013, LexisNexis #1013-005

In re Manlove

The U.S. Trustee (UST) timely filed a Motion to Dismiss for Abuse under 11 U.S.C.S. § 707(b)(1), (b)(3)(B). Debtors filed an Objection to the Motion.
Ruling: 
Case ordered converted or dismissed for abuse due to totality of circumstances.
ABI Membership is required to access the full summary of In re Manlove. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 04,2013, LexisNexis #0513-022

Kriegman v. 0817726 BC Ltd. (In re LLS Am. LLC)

Plaintiff chapter 11 trustee filed a complaint against defendant lenders and investors seeking to recover money paid by a debtor as part of an alleged Ponzi scheme conducted by the debtor. Certain defendants filed motions to dismiss for insufficient service of process, improper extraterritorial application of U.S. bankruptcy law, and failure to state the alleged fraud with particularity as required by Fed. R. Civ. P. 9(b).
Ruling: 
Filing of proof of claim was a consent to jurisdiction to adjudicate trustee's avoidance proceeding.
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Commercial case opionion summary, case decided on November 16,2012, LexisNexis #1212-091

Lawrence v. Childers (In re Childers)

Creditors commenced an adversary proceeding to deny debtors' discharge under 11 U.S.C.S. §§ 727(a)(4), (a)(2), (a)(3), and (a)(5) and Fed. R. Bankr. P. 7001.
Ruling: 
Discharge denied due to failure to schedule interest in probate estate.
ABI Membership is required to access the full summary of Lawrence v. Childers (In re Childers). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 15,2012, LexisNexis #0612-028

In re Vargas

Debtor filed a motion for an order of contempt, seeking an award of sanctions against creditor bank for alleged violations of the discharge injunction of 11 U.S.C.S. § 524(a).
Ruling: 
Bank sanctioned for pursuit of foreclosure and offset of debtor's checking account in violation of discharge injunction.
ABI Membership is required to access the full summary of In re Vargas. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 29,2012, LexisNexis #0412-020

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