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eastern district of washington

Sterba v. PNC Bank (In re Sterba)

Ruling
Bankruptcy court erred in overruling debtor's objection to proof of claim that it ruled was timely.
Issue(s)
Did bankruptcy court err in overruling debtor's objection to creditor's proof of claim as untimely by improperly applying choice of law provision of promissory note?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 27, 2014 , LexisNexis #0914-111

Holmes v. Portaluppi (In re Portaluppi)

Ruling
Bankruptcy court did not err in declining to deny debtor's discharge for debtor's failure to keep records of small motor vehicle sales business.
Issue(s)
Did bankruptcy court err in not denying debtor's discharge for alleged failure to keep records?

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Consumer opinion summary, case decided on June 06, 2014 , LexisNexis #0714-095

Drummond v. Luedtke (In re Luedtke)

Ruling
Debtors improperly allowed to claim outdated IRS vehicle expense in projected disposable income calculation.
Issue(s)
Were chapter 13 debtors allowed to claim an "older vehicle expense" as part of their projected disposable income calculation?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 09, 2014 , LexisNexis #0414-128

Thorpe v. Conant (In re Conant)

Ruling
Discharge revoked due to misrepresentation of ownership interest in assets.
Issue(s)
Should debtors' discharge be revoked due to misrepresentations regarding ownership interest in assets?

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Consumer opinion 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.
Issue(s)
Should debtor's attorneys' motion for supplemental fees and costs be approved?

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Commercial opinion summary, case decided on November 13, 2013 , LexisNexis #1213-073

Gasprom Inc. v. Fateh (In re Gasprom Inc.)

Ruling
Bankruptcy court erred in holding foreclosure on abandoned gas station did not violate stay and retroactively anulling stay to validate sale.
Issue(s)
Did bankruptcy court err in holding that postpetition foreclosure of debtor's principal asset, a gas station, did not violate the automatic stay because the stay had terminated by operation of law as a result of the chapter 7 trustee's abandonment.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 28, 2013 , LexisNexis #1213-008

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

Ruling
Transfers made as part of Ponzi scheme were fraudulent.
Issue(s)
Was debtor operating a Ponzi scheme and insolvent at the time transfers were made so as to make the transfers avoidable as fraudulent.

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Commercial opinion 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.
Issue(s)
Should fees awarded to creditor's attorney for representation in adversary proceeding be reduced as unreasonable.

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Consumer opinion 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.
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 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