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District Court

Wallaesa v. FAA

Ruling
FAA civil penalty proceeding was not subject to the automatic stay pursuant to the regulatory powers exception.
Issue(s)
Was FAA's proceeding against debtor seeking penalty for improper behavior on an airplane flight subject to the automatic stay?

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Consumer opinion summary, case decided on June 10, 2016 , LexisNexis #0716-004

Education Credit Mgmt. Corp. v. Acosta-Conniff

Ruling
Undue hardship discharge of student loan debt reversed where debtor had not met burden of showing inability to repay.
Issue(s)
Did the bankruptcy court err in granting debtor an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on May 02, 2016 , LexisNexis #0516-123

Davis v. Intl Bank of Commerce (In re Diamond Beach VP LP)

Ruling
Bankruptcy court did not err in its valuation of debtor's condominium complex.
Issue(s)
Did bankruptcy court value debtor's unfinished condominium complex too low thereby increasing the amount of a deficiency judgment debtor's principal owner and guarantor must pay to the financing bank?

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Commercial opinion summary, case decided on April 29, 2016 , LexisNexis #0516-118

Sapphire Dev. LLC v. McKay

Ruling
Chapter 11 case properly dismissed due to subjective bad faith and objective futility.
Issue(s)
Should bad faith dismissal of chapter 11 case be reversed?

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Commercial opinion summary, case decided on February 01, 2016 , LexisNexis #0216-129

Sullivan v. Ratz

Ruling
Debt properly held to be dischargeable where debtor contractor's conduct did not rise to the level of fraud.
Issue(s)
Did the bankruptcy err in holding that breach of contract claim was not based on fraud and therefore dischargeable?

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Consumer opinion summary, case decided on January 27, 2016 , LexisNexis #0216-118

Schermerhorn v. CenturyTel Inc. (In re SkyPort Global Communs. Inc.)

Ruling
Creditors' attorneys properly sanctioned for filing state court case in violation of confirmation order.
Issue(s)
Was creditors' filing of state court proceeding properly held to be a collateral attack on the confirmation order in debtor's case?

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Commercial opinion summary, case decided on March 26, 2015 , LexisNexis #0415-071

Adelphia Communs. Corp. v. FPL Group Inc. (In re Adelphia Communs. Corp.)

Ruling
Stock repurchase transaction properly held not to be an avoidable fraudulent transfer.
Issue(s)
Could recovery trust, as successor to debtor's rights, recover as a fraudulent transfer, approximately $150 million that debtor paid for the repurchase of its own stock?

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Commercial opinion summary, case decided on March 13, 2015 , LexisNexis #0415-020

Mercury Cos. v. Comerica Bank

Ruling
Debtor that did not reserve state law claims did not retain them postconfirmation.
Issue(s)
Could debtor that had not reserved state law claims pursue them after confirmation of chapter 11 plan?

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Commercial opinion summary, case decided on July 08, 2014 , LexisNexis #0714-022

Nationwide Prop. & Cas. Co. v. Hunt

Ruling
Debtor retained valid claim against insurer given that case was about to be dismissed without discharge.
Issue(s)
Was debtor's fire loss claim against insurer barred by judicial estoppel because he never identified a claim against the insurer in his bankruptcy filings?

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Consumer opinion summary, case decided on June 13, 2014 , LexisNexis #0714-012

Heller Ehrman LLP v. Davis Wright Tremaine LLP

Ruling
Estate of debtor law firm lacked property interest in hourly fee matters pending at the time of dissolution.
Issue(s)
Whether a debtor law firm, which had been dissolved by virtue of creditors terminating their financial support, thus rendering it impossible to continue to provide legal services in ongoing matters, was entitled to assert a property interest in hourly fee matters pending at the time of its dissolution.

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Commercial opinion summary, case decided on June 11, 2014 , LexisNexis #0714-015